PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR MOBILE DEVICE SERVICE AND RELATED WEBSITE.
Welcome! mySeniorCareHub is a senior healthcare management app (“App”) designed to provide medication reminders, SOS alerts, health tracking, and daily check-ins.
These mySeniorCareHub Terms and Conditions together with the corresponding Work Order and Payment Form collectively form the Agreement between mySeniorCareHub and Company. Capitalized terms used in these Terms and Conditions and not otherwise defined herein shall have the same meaning as set forth in the Work Order and Payment Form.
By accessing or using our website located at https://myseniorcarehub.com/, mobile application, resources, tools, plugins, functionalities, services and software (collectively, the "Services"), you indicate that you have read and understand these Terms and Conditions of use (the "Terms of Use"), which incorporates by reference our Privacy Notice, located at https://www.myseniorcarehub.com/privacy-policy and agree to be bound by it in its entirety. If you do agree with the Terms of Use, or do not understand or have questions about the Terms of Use, immediately stop all use of the Services and info@myseniorcarehub.com.
We reserve the right to update or modify this Agreement at any time. It is your obligation to review the Terms of Use before accessing the Services. Any changes to the Terms of Use will be effective immediately upon our posting them here, unless otherwise stated. We reserve the right to change the contents of the Services at any time, with or without notice.
For the purposes of this Terms of Use, the following definitions apply:
"Affiliates" refers to companies and divisions under the ownership of the Provider or that own the Provider.
"Content" includes all Text, Graphics, design, video, information, Programming and other content, including the intellectual property, used on or in the Services.
"Graphics" includes all logos, buttons, and other graphical elements on the Services, including the color combinations and the page layout of the Services, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
"Profile" means a User profile containing personal or professional information about that User.
"Programming" includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Services.
"Provider" or " mySeniorCareHub, PBC " or "we" or "us" or "our" means mySeniorCareHub, PBC the owner and operator of the Services.
"Text" includes all text on every page of our website or otherwise used in the Services, whether editorial, navigational, or instructional.
"User" means a user of the Services, whether as an individual (an "Individual User") or on behalf of a corporate entity or other organization or as a recruiter (a "Corporate User").
"User Content" means all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by any User via the Services. All User Content and Submissions are the sole responsibility of the User from which such User Content originated.
"You" or "your"(whether or not capitalized) refers to the User accessing the Services and agreeing to this Terms of Use, whether as an Individual User or Corporate User.
mySeniorCareHub and its licensors own all rights in and to the Services, including any material or Content made available through the Service, including our proprietary algorithm, and all worldwide intellectual property rights in the foregoing and derivatives thereof. Except as expressly permitted herein, you may not copy, further develop, reproduce, re-publish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Service.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Service. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.
mySeniorCareHub grants Users a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Service, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control.
You may not distribute or make the App available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
Subscriptions & Payments
mySeniorCareHub offers subscription plans (Monthly) that provide access to premium features.
Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period. Users can manage or cancel their subscription through App Store settings. Refunds are handled by Apple Support, and mySeniorCareHub does not process refunds directly.
Our Services use HTTPS/SSL. Card payments are processed by a PCI DSS–compliant payment gateway. We do not store full card numbers on our servers.
Your account will be charged for renewal within 24-hours prior to the end of the then current period.
Intended Users
The Service is available only to Users who are at least 18 years old. Under no circumstances should the Service be used by children under 16 years of age, and we will not knowingly collect personal information from any person we know to be in this age group. If you are using the Service for the benefit of a child, please do not provide information relating to such child unless you have obtained the child’s parents’ or guardians’ consent, including their consent to our Privacy Policy. If you discover that your child has been using the Service without your consent, or that someone has been using the Service for or on behalf of your child without your consent, please contact us using the information below under “How to Contact Us,” and we will take reasonable steps to delete the child’s information from our active databases.
User Responsibilities
Users must provide accurate registration details and are responsible for keeping their account information up to date. Additionally, Users are responsible for maintaining device security and ensuring proper usage of App features, including health tracking and emergency alerts.
You may not provide access to or use the Service or Content thereof for the benefit of third parties or make commercial use of the Service or related Content, but you may use the Service for your personal use subject to this Agreement. Use of and access to the Service is void where prohibited. By accessing and using the Service, you shall agree that:
Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.
If you submit any information to us through or related to the Service or send us any business information, feedback, idea, concept or invention to us by e-mail, you shall ensure that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information.
Suspension and Termination
For enterprise customers who are party to a Work Order, this Agreement is effective until it expires pursuant to the Work Order or is terminated by either you or us. You may request termination of your account at any time and for any reason by sending an e-mail to support@myseniorcarehub.com. Please note that by deleting your account, all personal data stored in your account or associated with it will be deleted as well. More information about how we process your personal data can be found in our https://www.myseniorcarehub.com/privacy-policy.
For non-enterprise customers who are not a party to a Work Order, this Agreement is effective until it expires pursuant to the relevant monthly, quarterly, or annual term. You are not entitled to any refund of any pre-paid fees for any reason.
If you purchased access to the Services via a third party marketplace, this Agreement is effective until it expires pursuant to the terms it expires pursuant to the relevant monthly, quarterly, or annual term. You are not entitled to any refund of any pre-paid fees for any reason.
If you violate this Agreement, misuse the App, or engage in any fraudulent activity, our permission to you to use the Service automatically terminates. We may, in our sole discretion, suspend or terminate this Agreement and your access to any or all of the Service, at any time and for any reason, after notifying you, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Service, all Documentation, and all copies of such materials and Documentation.
Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Ownership, Limitations on Liability, Choice of Law and Forum, Entire Agreement and Severability.
General Disclaimer
Your access to and use of the Services is at your own risk. The Services are not designed, intended, or licensed for use in any situation where failure could result in death, personal injury, or property damage. The Services, including any health tracking, medication reminders, vital sign information, and wellness content, are provided for general informational and convenience purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. Users should always seek the advice of a qualified healthcare provider with any questions regarding a medical condition and should never disregard or delay seeking medical advice because of information obtained through the Services. The Services do not provide real-time emergency response, and Users must contact 911 or local emergency services directly in any medical emergency. The fall detection and related monitoring features may not detect all falls, may register false or inaccurate falls, and performance may vary; Users acknowledge and accept these limitations.
mySeniorCareHub IS NOT PROVIDING ANY MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY KIND, AND THE SERVICES SHOULD NOT BE USED TO DIAGNOSE, TREAT, CURE, MITIGATE, OR PREVENT ANY DISEASE OR MEDICAL CONDITION. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, IN RESPECT OF THE SERVICES, INCLUDING ANY FALL DETECTION, SOS, MONITORING, OR EMERGENCY ALERT FEATURES, WHICH MAY NOT DETECT ALL FALLS OR EVENTS, MAY GENERATE FALSE OR MISSED ALERTS, AND WHOSE PERFORMANCE MAY VARY. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE, AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES, AND WE ACCEPT NO LIABILITY WHATSOEVER IN RESPECT OF ANY SUCH CONTENT. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS, ALERTS, OR INFORMATION PROVIDED THROUGH THE SERVICES ARE TAKEN AT YOUR SOLE RISK, AND YOU SHOULD ALWAYS INDEPENDENTLY VERIFY ANY INFORMATION PROVIDED THROUGH THE SERVICES AND CONTACT 911 OR LOCAL EMERGENCY SERVICES DIRECTLY IN ANY EMERGENCY.
Feature Disclaimer
The Services, including SOS alerts, Track 360, fall detection, medication reminders, and check-ins, are provided as informational and convenience tools only. They do not guarantee any emergency response, monitoring, detection, or notification, and are not a substitute for professional medical assistance, emergency services (such as 911), caregivers, or independent supervision. Users acknowledge that performance depends on factors outside the Provider’s control, including device condition, battery level, network connectivity, third-party services, user behavior, and environmental conditions, and that no health, safety, or monitoring technology is failsafe.
Devices Disclaimer
Any device used with the Services must be registered to a care recipient and activated through the mySeniorCareHub.com Member Portal prior to use. Monitoring, alerting, and emergency notification features will not be available until activation is complete. The device is not a medical device, is not FDA-cleared or approved, and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Fall detection, location tracking, and similar features may not detect all events, may generate false or missed alerts, and performance may vary based on device, user, and environmental conditions. The device depends on cellular, Wi-Fi, GPS, Bluetooth, and other third-party networks and services, and alerts and emergency responses are not guaranteed in any situation. The Provider is not liable for any incident, injury, loss, or outcome arising prior to activation, after expiration or cancellation, or attributable to device malfunction, network unavailability, third-party service failure, or user error.
Data Collection & Privacy
By using mySeniorCareHub, users agree to the collection and processing of data as outlined in the https://www.myseniorcarehub.com/privacy-policy. This includes health data, location data (if enabled), and other personal details necessary for App functionality. User data is handled securely and is not shared with unauthorized third parties.
If you use and/or access the Service on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, mySeniorCareHub shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
SMS Communication & Consent
By providing your phone number and opting in through our website or other communication channels, you consent to receive SMS messages from mySeniorCareHub based on your selected preferences.
These messages may include:
Message frequency may vary. Message and data rates may apply.
You may opt out of SMS communications at any time by replying STOP, and you may reply HELP for assistance.
mySeniorCareHub will only send SMS messages to users who have provided prior express consent, and we do not send unsolicited messages.
Third Party Websites and Integrations
The Terms of Use apply only to the Services and do not apply to any websites that are linked to our Services, including our website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. mySeniorCareHub may also integrate with third-party services such as Apple Health to enhance user experience. We are not responsible for the accuracy, availability, or security of third-party services, and Users should review their respective terms before enabling integrations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, THE APP, AND ANY ASSOCIATED DEVICES, CONTENT, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE PROVIDER, ITS AFFILIATES, AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “PROVIDER PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE PROVIDER PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY ALERTS, NOTIFICATIONS, OR EMERGENCY FEATURES WILL BE TIMELY OR DELIVERED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, BODILY INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, ANY DEVICE, ANY FAILURE OR DELAY OF SOS, FALL DETECTION, MONITORING, OR EMERGENCY ALERT FEATURES, OR ANY ACT OR OMISSION OF ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE PROVIDER PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY DEVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO THE PROVIDER FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE PROVIDER AND SHALL APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE PROVIDER PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless the Provider Parties from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
The Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Provider in asserting any available defenses.
We do not warrant or guarantee that the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Service.
We have no obligation to provide technical support or maintenance for the Service. We use industry-standard security and anti-malware practices to help keep downloads safe; however, you should maintain up-to-date security software on your devices.
This provision only applies in respect of the version of the App used on devices of Apple, Inc. This Agreement is an agreement between you and us. Apple has no responsibility for the our Services or its Content, including in respect of claims of intellectual property infringement, product liability or that the Services do not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the Services and has no obligation to provide support in respect of the Services.
All claims in respect of the Services must be directed to us and not to Apple. Your use of the Services must be in compliance with the App Store Terms of Service, and you may only use the Services on an Apple device that you own or control as permitted by such terms. In the event the Services fail to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the App to you. Apple shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you.
This provision only applies in respect of the version of the App used on devices of Google, Inc. This Agreement is an agreement between you and us. Google has no responsibility for the our Services or its Content, including in respect of claims of intellectual property infringement, product liability or that the Services do not conform with applicable law. To the maximum extent permitted by applicable law, Google provides no warranty in respect of the Services and has no obligation to provide support in respect of the Services.
All claims in respect of the Services must be directed to us and not to Google. Your use of the Services must be in compliance with the Google Play Store Terms of Service, and you may only use the Services on a Google/Android device that you own or control as permitted by such terms. In the event the Services fail to conform to the warranty set forth herein, you may notify Google, and Google will refund the purchase price for the App to you. Google shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you.
We accept no responsibility or liability for any material provided or posted by any User. We will make a reasonable effort to monitor and moderate the content posted by users for any obvious illegal content. If you believe that something appearing on the Service infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. Send notices and counter-notices to support@myseniorcarehub.com.
You agree that this Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party.
This Agreement shall be governed in all respects by the laws of the State of New Jersey, without regard to its conflict of law provisions. Any claim or action arising out of or related to this Agreement or the Services shall be brought exclusively in the state or federal courts located in Union County, New Jersey, and you hereby consent to the personal jurisdiction of such courts.
This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Service that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.
This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. This agreement may be superseded by any terms agreed between an individual and mySeniorCareHub.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
All notices to you relating to this Agreement shall be posted on the Service or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement may be made either by e-mail to support@myseniorcarehub.com or
mySeniorCareHub,
20 Jackson Drive, 1st Floor,
Cranford, New Jersey, 07016
Notice shall be deemed given when notice is posted on the Service or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid.