1. Introduction

Welcome to Elvo AI, Inc. ("Elvo," "we," "us," or "our"). These Terms and Conditions ("Agreement") govern your access to and use of the Elvo Health mobile application ("the App") and websites ("the Sites"), collectively referred to as the "Services." By downloading, installing, accessing, or using our Services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Services.

1.1 Purpose of the Terms and Conditions

This Agreement sets forth the terms and conditions that govern your use of our Services. It is important that you carefully read and understand this Agreement, as it creates a legally binding agreement between you and Elvo.

1.2 Acceptance of the Agreement

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you are using our Services on behalf of an organization or entity, you represent and warrant that you have the necessary authority to enter into this Agreement on their behalf.

1.3 Changes to the Agreement

We reserve the right to modify this Agreement at any time, in our sole discretion. We will notify you of any material changes to this Agreement by posting the updated version on our Sites or within the App, or by sending you a notification via the contact information associated with your account. It is your responsibility to review this Agreement periodically for any updates or changes. Your continued use of the Services after any modifications to this Agreement constitutes your acceptance of such modifications.

1.4 Additional Policies and Agreements

In addition to this Agreement, your use of the Services is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

If there is any conflict or inconsistency between this Agreement and any other policies or agreements referenced herein, this Agreement shall govern.

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2. Definitions

In this Agreement, the following terms shall have the meanings ascribed to them below:

2.1 "Elvo" or "Services"

Refers to the mobile application and websites developed by Elvo AI, Inc. that provide functionalities such as reminders, task management, LLM-led exercises, brain health lifestyle coaching, agentic abilities to assist users in various activities, and facilitate communication between users.

2.2 "User"

Refers to any individual who downloads, installs, and uses the Services, including individuals with cognitive impairment and their authorized representatives.

2.3 "Organization"

Refers to Elvo AI, Inc., the entity that developed and owns the Elvo Health App and Sites.

2.4 "Safe Zones"

Refers to predefined geofenced locations set by the User or their authorized representative within the Services. Elvo may or may not have geofencing and safety features in our initial App and Site versions; if it does, the following terms and conditions may apply.

2.5 "Cognitive Impairment"

Refers to any condition or disorder that affects cognitive functioning, including but not limited to Alzheimer's disease, dementia, traumatic brain injury, and cognitive decline associated with aging.

2.6 "Content"

Refers to any information, data, text, images, videos, or other materials generated, uploaded, or transmitted through the Services by the User.

2.7 "Personal Information"

Refers to any information that identifies or can be used to identify an individual, either alone or in combination with other information, as defined and protected under applicable privacy laws.

2.8 "Privacy Policy"

Refers to the policy that outlines how we collect, use, store, and protect Personal Information collected through the Services. The Privacy Policy is an integral part of this Agreement and is available on our Sites or accessible via the App.

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3. Services Overview

3.1 Description of the Elvo Health Services and Functionalities

Overview: Elvo is designed to assist individuals in maintaining their independence and enhancing their daily lives through a variety of features. These features may include, but are not limited to:

• Reminders and Task Management: Users can set and receive reminders for essential tasks, such as taking medication, attending appointments, and completing daily activities. Reminders can be personalized and managed by both the user and authorized family members or caregivers.
• LLM-Led Exercises: Elvo may offer Large Language Model (LLM)-led exercises designed to improve cognitive function, provide mental stimulation, and support brain health. These exercises are personalized based on user input and progress.
• Brain Health Lifestyle Coaching: The Services may include coaching and guidance on lifestyle choices that promote brain health, such as nutrition advice, physical activity recommendations, sleep management, and stress reduction techniques.
• Agentic Abilities: Elvo may provide agentic abilities to help users place food orders, make travel plans, schedule appointments, and coordinate other activities. These functionalities aim to simplify complex tasks and improve user convenience.
• Matching Features: The Services may include features that allow users to match with other users for social interactions, support networks, or shared activities, fostering a sense of community and connection.
• Geofencing and Safety Features: Elvo may or may not have geofencing and safety features in our initial App and Site versions; if it does, the following terms and conditions may apply. These features utilize GPS and geofencing technology to monitor location and notify designated individuals when a user enters or exits predefined Safe Zones.
• Medical Triage and Wellness Checks: Elvo may provide medical triage and caregiver triage, as well as wellness checks, in future versions of the Services. However, nothing provided is intended to diagnose, treat, cure, or prevent any disease or health condition, nor is it a substitute for professional medical advice or treatment. In fact, nothing Elvo provides on any of its websites, apps or via email, phone or any other means is intended to constitute a medical diagnosis or medical treatment. 
• Activity Log: The Services maintain an activity log that records the status of reminders, tasks, and exercises, providing insights into adherence and user engagement over time.

Additional Features: We continuously strive to improve and expand our Services based on user feedback and technological advancements. Additional features may be added over time, and this Agreement applies to all such features unless expressly stated otherwise.

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4. User Obligations and Responsibilities

4.1 Acceptable Use

By using the Services, you agree to use them in compliance with all applicable laws, regulations, and this Agreement. You shall not engage in any activity that could harm, interfere with, or disrupt the functioning of the Services or the experience of other users.

4.2 Accuracy of Information

You are responsible for providing accurate and up-to-date information when using the Services. This includes, but is not limited to, Personal Information, preferences, reminders, and task details. You acknowledge that inaccurate or outdated information may result in ineffective or incorrect assistance, reminders, notifications, or other functionalities.

4.3 User Conduct

You agree to use the Services in a lawful and responsible manner. When using the Services, you shall not:

• (a) Engage in any unauthorized or unlawful activity;
• (b) Upload, post, transmit, or otherwise distribute any Content that is infringing, defamatory, obscene, offensive, or harmful;
• (c) Violate the privacy rights, intellectual property rights, or any other rights of third parties;
• (d) Attempt to gain unauthorized access to the Services, user accounts, or any systems or networks associated with the Services;
• (e) Interfere with or disrupt the operation of the Services or any servers or networks connected to the Services;
• (f) Use the Services to send unsolicited communications, including spam or promotional materials;
• (g) Misrepresent your identity or impersonate any person or entity.

4.4 Geofencing and Location Sharing

Elvo may or may not have geofencing and safety features in our initial App and Site versions; if it does, the following terms and conditions may apply:

• The accuracy and effectiveness of geofencing technology may vary based on various factors, including device limitations, network connectivity, and environmental conditions.
• You are solely responsible for configuring and managing Safe Zones and ensuring their accuracy.
• By using geofencing features, you consent to the collection and use of your location data as described in our Privacy Policy.

4.5 Agentic Abilities and Third-Party Services

The Services may include agentic abilities that help you place food orders, make travel plans, schedule appointments, and coordinate other activities. These functionalities may involve interactions with third-party services, applications, or content. Your use of such third-party services is subject to their respective terms and conditions. We do not endorse, control, or assume any responsibility for third-party services accessed through the Services, and your interactions with third-party providers are solely between you and the applicable third party.

4.6 Matching Features

If you use the matching features to connect with other users, you agree to engage respectfully and responsibly. You shall not use these features for any unlawful, harmful, or inappropriate activities. We reserve the right to moderate interactions and suspend or terminate accounts that violate this Agreement.

4.7 LLM-Led Exercises, Coaching, and Medical Features

• Personal Responsibility: You acknowledge that the LLM-led exercises, brain health lifestyle coaching, medical triage, caregiver triage, and wellness checks provided through the Services are for informational and educational purposes only and are not a substitute for professional medical advice, diagnosis, or treatment.
• Consultation with Professionals: Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
• No Medical Advice: Elvo does not provide medical or healthcare services, and the information provided should not be considered medical advice.
• No Doctor-Patient Relationship: Your use of the Services does not establish a doctor-patient relationship between you and Elvo or any of its representatives.

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5. Account Creation and Security

5.1 Account Registration

To use certain features of the Services, you may be required to create a user account. When creating your account, you agree to provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use or suspected breach of security.

5.2 Unauthorized Access

You understand and acknowledge that we will never ask you to disclose your password or any other sensitive account information through unsolicited communication. You agree to exercise caution and not provide your account information in response to any fraudulent or suspicious requests. If you believe that your account has been compromised or accessed without authorization, please notify us immediately.

5.3 Account Termination

You have the right to terminate your account at any time by following the instructions provided within the Services. Upon termination, your access to the Services and its features will be deactivated. Please note that the termination of your account does not relieve you of any obligations or liabilities incurred prior to the termination.

5.4 Account Suspension or Termination by Us

We reserve the right to suspend or terminate your account, at our sole discretion and without prior notice, if we reasonably believe that you have violated this Agreement or engaged in any fraudulent, unauthorized, or unlawful activities. We shall not be liable to you or any third party for any damages, losses, or liabilities arising out of or related to the suspension or termination of your account.

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6. Intellectual Property Rights

6.1 Ownership

You acknowledge and agree that we are the sole and exclusive owner of all intellectual property rights in the Services, including but not limited to trademarks, copyrights, trade secrets, patents, and any other proprietary rights. The Services are protected by applicable intellectual property laws and international treaties.

6.2 Services License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use the App and access the Sites for personal, non-commercial purposes. This license does not grant you any rights to sell, distribute, modify, or create derivative works of the Services.

6.3 User Content

By using the Services, you retain ownership of any Content you generate or upload ("User Content"). However, by submitting User Content through the Services, you grant us a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display the User Content in connection with the operation and improvement of the Services.

6.4 Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been used or copied in a way that constitutes copyright infringement and is accessible through the Services, please notify us using the details in Section 15.

6.5 No Unauthorized Use

You agree not to use the Services in any manner that would infringe or violate the intellectual property rights of us or any third party. You shall not reproduce, modify, distribute, display, perform, or use the Services or any content therein except as expressly permitted under this Agreement.

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7. Data Collection and Privacy

7.1 Information Collected by the Services

We may collect certain information from users when they interact with the Services. This may include Personal Information such as:

• Name
• Contact details (email address, phone number)
• Demographic information (age, gender)
• Preferences and activity data
• Health-related information provided by you (e.g., exercise routines, dietary preferences)
• Location information if you enable location services or use geofencing features

7.2 Use, Storage, and Protection of User Data

We will use the collected information to provide and improve the Services offered by Elvo. This includes but is not limited to:

• Personalizing the user experience
• Sending reminders and notifications
• Facilitating communication between users and their family members or caregivers
• Assisting with agentic abilities, such as placing orders or making travel plans
• Enabling matching features to connect users
• Providing LLM-led exercises, brain health lifestyle coaching, and potential medical triage and wellness checks

We are committed to protecting the privacy and security of user data. We will implement reasonable technical and organizational measures to safeguard the collected information from unauthorized access, use, or disclosure.

7.3 Sharing of Data with Third Parties

In certain circumstances, we may need to share user data with trusted third-party service providers to assist us in delivering the Services' functionalities. These providers may include:

• Cloud storage providers
• Communication service providers
• Analytics platforms
• Third-party services involved in agentic abilities (e.g., food ordering platforms, travel agencies)
• Medical professionals or services involved in potential triage or wellness checks (only with your explicit consent)

We will ensure that any third-party service providers adhere to strict privacy and security standards to protect user data.

7.4 Privacy Policy Reference

For more detailed information on how we collect, use, disclose, and protect user data, please refer to our Privacy Policy. The Privacy Policy outlines our practices concerning data privacy and user rights.

By using the Services, you acknowledge and consent to the collection, use, storage, and sharing of your data as described in this section and the accompanying Privacy Policy.

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8. User Communication and Content

8.1 User-Generated Content Guidelines

As a user of the Services, it is essential to adhere to the following guidelines when creating and sharing User Content:

• Respectful and Appropriate Content: Ensure that your content is respectful, appropriate, and in compliance with applicable laws and regulations. Do not post or share content that is offensive, discriminatory, defamatory, or infringes upon the rights of others.
• Privacy and Confidentiality: Safeguard the privacy and confidentiality of yourself and others. Do not share personal information or sensitive details that could compromise privacy or violate legal or ethical obligations.
• Compliance with Terms: Your User Content must comply with the terms of use, guidelines, and policies established by us. Any violation of these terms may result in the removal of your content and possible termination of your account.

8.2 Restrictions on Prohibited Content

The following types of content are strictly prohibited on the Services:

• Illegal Activities: Content that promotes or facilitates illegal activities, including but not limited to illicit drug use, harassment, fraud, unauthorized access, or distribution of copyrighted materials.
• Harmful or Offensive Content: Content that is violent, sexually explicit, threatening, discriminatory, or promotes hate speech or harm to others.
• Misrepresentation: Content that impersonates or falsely represents oneself or others, including misrepresentation of affiliations or qualifications.
• Viruses or Malicious Code: Content that contains viruses, malware, or any other code designed to disrupt, damage, or interfere with the Services' functionality or the devices of other users.

8.3 Communication from Us

By subscribing to the Services, you provide consent for us to send email and SMS communications to you regarding the use of the Services, marketing for ourselves, or any related communications, with the option to unsubscribe.

These communications may include important updates, service notifications, promotional materials, or other relevant information. Rest assured that we will handle your Personal Information in accordance with our Privacy Policy.

If at any point you wish to unsubscribe from these communications, you can do so by following the instructions provided in the emails or SMS messages, or by contacting our support team.

8.4 Monitoring and Moderation of User Content

We reserve the right to monitor, review, and moderate User Content on the Services. We may employ automated tools or manual review processes to ensure compliance with guidelines and policies.

While we strive to maintain a safe and inclusive environment, we cannot guarantee the monitoring or removal of all User Content that breaches this Agreement.

We reserve the right to remove or modify User Content that violates the terms of use, guidelines, or policies. Repeated violations may result in the suspension or termination of the user's account.

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9. Disclaimer of Warranties and Limitation of Liability

9.1 Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any warranties or representations, express or implied. We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of accuracy, completeness, reliability, merchantability, fitness for a particular purpose, and non-infringement.

9.2 Limitation of Liability

In no event shall we or our directors, officers, employees, contractors, or agents be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or in connection with the use of the Services, even if advised of the possibility of such damages.

We shall not be liable for any conduct or content of third-party users or any unauthorized access to or use of your Personal Information.

The aggregate liability of us for any claims arising out of or related to the Services shall not exceed the amount paid by you, if any, for accessing or using the Services during the twelve (12) months preceding the claim.

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages. Therefore, the above limitations and disclaimers may not apply to you to the extent prohibited by applicable law.

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10. Termination

10.1 Conditions for Terminating the Agreement

Either party may terminate this Agreement at any time and for any reason by providing written notice to the other party. The termination will be effective upon the date specified in the notice or, if no date is specified, immediately upon receipt of the notice.

We reserve the right to terminate or suspend your access to the Services, in whole or in part, without prior notice if we reasonably believe that you have violated this Agreement or engaged in any fraudulent, unauthorized, or unlawful activities. Such termination or suspension may result in the removal of your user account and access to the Services.

10.2 User's Right to Terminate Their Account

As a user, you have the right to terminate your account with the Services at any time. To do so, please contact our support team or follow the account closure instructions provided within the Services.

Upon termination of your account, you will no longer have access to the Services' features and functionalities. Your User Content and Personal Information associated with your account may be retained or deleted in accordance with our Privacy Policy, unless otherwise required by applicable laws.

10.3 Effect of Termination

Upon termination of this Agreement or your account, all rights and licenses granted to you under the terms of use will immediately cease, and you must promptly discontinue all use of the Services.

Termination of this Agreement or your account shall not relieve you of any obligations or liabilities accrued prior to termination, including any outstanding payment obligations, warranties, or indemnification obligations.

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11. Dispute Resolution

11.1 Dispute Resolution Mechanisms

In the event of any dispute or claim arising out of or relating to this Agreement or the use of the Services, the parties agree to first attempt to resolve the dispute through good faith negotiation.

If the parties are unable to reach a resolution through negotiation, they agree to explore alternative dispute resolution methods, such as mediation or arbitration, before resorting to litigation. The specific dispute resolution mechanism to be employed will be determined by mutual agreement or as required by applicable laws.

11.2 Choice of Jurisdiction and Governing Law

Any legal action or proceeding arising out of or relating to this Agreement or the use of the Services shall be brought exclusively in the courts of [Insert State], [Insert Country], unless otherwise required by applicable laws.

This Agreement and its interpretation shall be governed by and construed in accordance with the laws of [Insert State], [Insert Country], without regard to its conflict of law principles.

11.3 Compliance with Applicable Laws

Users of the Services are responsible for ensuring their compliance with all applicable laws and regulations in their jurisdiction. This includes but is not limited to privacy laws, data protection laws, and any other laws governing the use of mobile applications, websites, and User Content.

11.4 Severability

If any provision of this dispute resolution section is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

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12. Modifications to the Terms and Conditions

12.1 Right to Modify the Agreement

We reserve the right to modify, amend, or update these Terms and Conditions at any time, in our sole discretion. Changes to the Terms and Conditions may be made for various reasons, including but not limited to legal compliance, enhancements to the Services, or business considerations.

Any modifications to the Terms and Conditions will be effective immediately upon posting the updated version on the Sites or within the App, or providing notice through other means, such as email or push notification. By continuing to use the Services after the modifications, you agree to be bound by the updated Terms and Conditions.

12.2 Notification of Changes

We will make reasonable efforts to notify you of any material changes to the Terms and Conditions. Such notification may be provided through prominent notices within the Services or by sending an email to the email address associated with your account.

It is your responsibility to review the updated Terms and Conditions regularly. If you do not agree with the modifications, you should discontinue using the Services and terminate your account.

12.3 Continued Use of the Services

Your continued use of the Services following the posting of the updated Terms and Conditions or receiving notice of the modifications indicates your acceptance of the revised terms.

If you disagree with any provisions of the updated Terms and Conditions, your only recourse is to discontinue using the Services and terminate your account.

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13. Miscellaneous

13.1 Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the other provisions.

13.2 Entire Agreement Clause

These Terms and Conditions constitute the entire agreement between you and us regarding the use of the Services and supersede all prior agreements, understandings, or representations, whether oral or written, concerning the subject matter herein.

13.3 Waiver Clause

The failure of either party to enforce any provision of these Terms and Conditions or to exercise any rights or remedies provided herein shall not be construed as a waiver of such provision, rights, or remedies, unless acknowledged and agreed to in writing by the waiving party.

13.4 Assignment

You may not assign or transfer any rights or obligations under these Terms and Conditions without the prior written consent of us. Any attempted assignment or transfer in violation of this provision shall be null and void.

13.5 Relationship of the Parties

Nothing in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, or employment relationship between you and us. You agree that you are an independent contractor responsible for your actions and compliance with applicable laws.

13.6 Survival

Any provisions of these Terms and Conditions that, by their nature, should survive termination or expiration of this Agreement shall continue in full force and effect following the termination or expiration.

14. Refund Policy

14.1 Please see the email sent with your preorder checkout link for refund terms. 

14.2 How to Request a Refund

• Contact Information:
  • To request a refund, please contact our customer support team at:
    • Email: info@elvohealth.com

14.3 Refund Process

• Processing Time:
  • Refunds will be processed within 14 business days of receiving your request.
• Refund Method:
  • Refunds will be issued to the original payment method used during the pre-order.
• Confirmation:
  • You will receive a confirmation email once your refund has been processed.

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15. Contact Us

If you have any questions, concerns, or feedback regarding these Terms and Conditions or our Services, please contact us using the following information:

15.1 Contact Information

• Name: Elvo Health
• Email: info@elvohealth.com

Thank you for choosing Elvo Health. We appreciate your trust and cooperation.

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