Terms of Service

1. Parties and Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between:

• AidFone Inc., a company incorporated under the laws of Quebec, Canada, with its principal office in Montreal, Quebec ("AidFone," "we," "us," or "our"); and
• You, the individual or entity subscribing to and using the AidFone service ("you," "your," or "Subscriber").

The Subscriber is the caregiver — the adult who creates the account, manages the subscription, and configures AidFone for use by a senior or other device user. The Subscriber is responsible for ensuring that the device user's rights and interests are protected, including obtaining any required consent under applicable law.

By checking the acceptance box during registration, or by otherwise using the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy, which is incorporated by reference.

2. The Service

AidFone is a software-as-a-service (SaaS) product that transforms any compatible Android smartphone into a simplified, accessible interface for digitally excluded users — primarily seniors aged 80 and older. The service includes:

• The AidFone Android application, distributed via Google Play, which replaces the device's standard interface with a simplified layout configured by the caregiver.
• The AidFone Caregiver Web Dashboard, accessible at aidfone.com, which allows the caregiver to configure the senior's interface, manage contacts, set alerts, and monitor activity remotely.
• Safety features including the Emergency Escalation Service (EES) and Left Home Alert, as described in these Terms and in the Privacy Policy.
• The AidFone voice assistant ("Ask"), powered by a combination of on-device processing and the Anthropic Claude API.
• Additional features introduced from time to time, subject to these Terms.

AidFone is currently available in Canada only. The service is distributed exclusively through Google Play and is compatible with Android devices only. No proprietary hardware is required.

3. Subscription, Pricing, and Free Trial

3.1 Free Trial

New subscribers receive a 30-day free trial upon registration. You will not be charged during the trial period. To begin a free trial, a valid payment method must be provided at registration. On Day 31, your subscription will automatically convert to a paid monthly subscription at $10.99 CAD/month, unless you cancel before the trial ends.

3.2 One Subscription Per Senior

Each subscription covers one (1) senior device user. If you manage AidFone for more than one person, a separate subscription is required for each device.

3.3 Pricing Changes

AidFone reserves the right to change subscription pricing. If pricing changes, we will notify active subscribers by email at least 30 days before the change takes effect. Your continued use of the service after the effective date constitutes acceptance of the new price. If you do not accept the new price, you may cancel before the effective date without penalty.

4. Billing, Auto-Renewal, and Payment

4.1 Automatic Monthly Billing

Subscriptions are billed monthly on a recurring basis. After the free trial ends, your payment method will be charged $10.99 CAD on the same day of each month (the "billing date"). Applicable taxes (GST/QST for Quebec residents) will be added to your invoice.

4.2 Auto-Renewal

Your subscription renews automatically each month. It is your responsibility to cancel before the next billing date if you do not wish to be charged for the upcoming month. AidFone will send a billing reminder by email at least 3 days before each charge.

4.3 Payment Processing

All payments are processed by Stripe, a PCI-DSS Level 1 compliant payment processor. AidFone never stores your full credit or debit card number. Accepted payment methods are those made available through Stripe at the time of subscription.

4.4 Failed Payments

If a payment fails, AidFone will attempt to collect payment up to three (3) times over a 7-day period. If payment cannot be collected, the subscription will be suspended. You will receive email notification of each failed attempt and instructions to update your payment method. Access to the service will be restored automatically upon successful payment.

4.5 Receipts

An email receipt will be sent to your registered email address within 24 hours of every successful charge. If you require a formal invoice (e.g., for expense purposes), contact us at [email protected].

5. Cancellation and Refunds

5.1 How to Cancel

You may cancel your AidFone subscription at any time through one of the following methods:

• Web dashboard: Log in to aidfone.com → Account Settings → Subscription → Cancel Subscription
• Email: Send a cancellation request to [email protected] with your registered email address

In accordance with Quebec's consumer protection requirements, cancellation is always available online without requiring a phone call or speaking to a representative.

5.2 Cancellation During the Free Trial

If you cancel during the 30-day free trial, you will not be charged. The service will remain active until the end of the trial period.

5.3 Cancellation After the Trial

If you cancel after the trial has ended, your cancellation will take effect at the end of the current billing period. You will retain access to the service until that date. No partial-month refunds are issued.

5.4 Refund Policy

Except as required by Quebec's Loi sur la protection du consommateur (LPC) or other applicable law, AidFone subscriptions are non-refundable once a billing cycle has commenced. If you believe you are entitled to a refund under applicable consumer protection law, contact us at [email protected] and we will review your request within 5 business days.

6. Your Account Responsibilities

As the Subscriber, you are responsible for:

• Maintaining the confidentiality of your login credentials and not sharing access with unauthorized parties.
• Ensuring that the email address on your account is current and capable of receiving billing and service communications.
• Obtaining the informed consent of the senior or device user for the collection and processing of their personal information as described in our Privacy Policy.
• All activity that occurs under your account.
• Notifying AidFone promptly at [email protected] if you become aware of any unauthorized use of your account.

You must be at least 18 years of age to create an AidFone account. By creating an account, you represent and warrant that you are at least 18 years old.

7. Acceptable Use

You agree to use AidFone only for its intended lawful purpose: configuring and managing a simplified smartphone interface for a senior or digitally excluded person in your care. You agree not to:

• Use AidFone to monitor any person without their knowledge and consent.
• Attempt to reverse engineer, decompile, or create derivative works from the AidFone application or platform.
• Use the service to collect or transmit any information that you do not have the right to collect.
• Attempt to gain unauthorized access to any part of the AidFone platform, servers, or infrastructure.
• Use the service in violation of any applicable law or regulation.
• Resell, sublicense, or transfer your subscription to any third party without AidFone's express written consent.

8. Important Limitations and Disclaimers

8.1 Emergency Escalation Service (EES) — Limitations

The EES is designed to notify caregivers before automatically dialing 911. However:

• AidFone cannot guarantee that caregivers will be reachable when an alert is triggered.
• AidFone cannot guarantee the response time of emergency services following an auto-dial.
• The EES requires the senior's device to have an active mobile or internet connection to function.
• A pressed SOS button does not constitute a confirmed emergency — accidental activations are possible.

In any life-threatening emergency, the senior, a bystander, or a caregiver should always call 911 directly. The EES is a supplementary tool, not a primary emergency response system.

8.2 Distress Detection — Limitations (Coming Soon)

When Distress Detection becomes available, it will detect only audible distress signals. It cannot detect internal states, falls, medical emergencies that produce no sound, or distress signals from a person who is unconscious or too weak to vocalize. It is an alert tool, not a medical monitor.

8.3 Service Availability

AidFone provides its service on a commercially reasonable "best effort" basis. We do not guarantee 100% uptime. Scheduled maintenance, technical issues, or third-party service outages may temporarily affect the service. We will communicate planned maintenance in advance wherever possible.

8.4 Device and Network Dependency

AidFone requires a compatible Android smartphone and an active internet or mobile data connection. Features such as GPS location tracking, emergency notifications, and the activity dashboard are dependent on the senior's device being powered on, connected, and operating normally. AidFone is not responsible for service interruptions caused by device failure, loss, low battery, or network outages.

8.5 No Medical or Clinical Warranty

AidFone is a communication and safety accessibility tool. It does not provide medical advice, diagnosis, or treatment. Nothing in the service or its communications should be construed as a clinical recommendation. Always consult qualified healthcare professionals for any medical or safety decisions relating to a senior in your care.

9. Intellectual Property

All software, designs, trademarks, logos, content, and technology comprising the AidFone service are the exclusive property of AidFone Inc. and are protected by Canadian and international intellectual property laws.

Subject to your compliance with these Terms, AidFone grants you a limited, non-exclusive, non-transferable, revocable license to use the AidFone application and web platform solely for your personal, non-commercial caregiving purposes.

Nothing in these Terms transfers any ownership of AidFone's intellectual property to you.

10. Limitation of Liability

To the maximum extent permitted by applicable law, AidFone Inc. and its officers, directors, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the service.
• Any damages arising from the failure of the Emergency Escalation Service to reach a caregiver or to prevent harm to a senior.
• Any damages arising from service interruptions, network outages, or device failures outside AidFone's reasonable control.
• Any third-party acts or omissions, including those of Stripe, Google, Anthropic, or mobile network operators.

In jurisdictions where limitation of liability for personal injury is not permitted, the above limitations may not apply to you. AidFone's total aggregate liability for any claim arising from or relating to these Terms or the service shall not exceed the amount you paid to AidFone in the three (3) months preceding the event giving rise to the claim.

Quebec consumers may have additional rights under applicable consumer protection law that cannot be excluded by contract.

11. Indemnification

You agree to indemnify, defend, and hold harmless AidFone Inc. and its personnel from any claim, liability, damages, or costs (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of any applicable law; (c) your unauthorized or unlawful use of the service; or (d) any claim by a third party arising from your failure to obtain required consents from the device user.

12. Termination

12.1 Termination by You

You may terminate your subscription at any time as described in Section 5. Termination does not entitle you to a refund of amounts already charged, except as required by law.

12.2 Termination by AidFone

AidFone may suspend or terminate your account immediately, without prior notice, if:

• You breach any material provision of these Terms.
• We determine, at our reasonable discretion, that your use of the service is unlawful, harmful, or poses a risk to others.
• A court, regulatory authority, or law enforcement agency requires us to do so.

In cases of termination for cause, no refund will be issued. In cases of termination without cause by AidFone, a pro-rated refund for the unused portion of the current billing period will be issued.

12.3 Effect of Termination

Upon termination, your access to the AidFone application and dashboard will be disabled. Personal data will be deleted as described in our Privacy Policy. Provisions of these Terms that by their nature should survive termination (including Sections 8, 10, 11, and 14) will remain in effect.

13. Changes to the Service or These Terms

AidFone may modify the service, add or remove features, or update these Terms at any time. When we make material changes to these Terms, we will notify you by email at your registered address at least 30 days before the changes take effect.

Your continued use of the service after the effective date of any change constitutes your acceptance of the revised Terms. If you do not accept the revised Terms, you may cancel your subscription before the effective date without penalty.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the AidFone service will be resolved in the courts of the Province of Quebec, and both parties submit to the exclusive jurisdiction of those courts.

Quebec consumers retain all rights available to them under the Loi sur la protection du consommateur (LPC) regardless of the governing law clause above.

Before initiating any formal legal proceeding, we encourage you to contact us at [email protected] to attempt to resolve the matter informally. We will use our best efforts to respond within 5 business days.

15. Contact