Effective Date: June 1, 2026
Last Updated: June 1, 2026
Welcome to ElderNote, a software application and related website operated by Myers Medical, LLC (“Company,” “we,” “our,” or “us”). This User Agreement explains the terms that govern your access to and use of ElderNote, including any mobile app, web app, website, software, features, content, and related services collectively referred to as the “Service.”
By creating an account, accessing, or using ElderNote, you agree to this User Agreement. If you do not agree, do not use the Service.
ElderNote is designed to help caregivers, healthcare professionals, facility staff, and authorized users organize, document, and track information related to elderly residents, including items such as resident notes, care observations, medications, tasks, health tracking, and care team communication.
ElderNote is intended to support documentation and organization. It is not a substitute for professional medical judgment, emergency care, direct clinical evaluation, or legally required medical records systems unless separately agreed in writing.
ElderNote should not be used for emergencies. If a resident, patient, or other individual is experiencing a medical emergency, call 911 or the appropriate emergency service immediately.
We do not guarantee that messages, alerts, reminders, notes, notifications, or app features will be delivered instantly or without interruption.
ElderNote may help users record or organize health-related information, but ElderNote does not diagnose, treat, prescribe, or provide medical advice. All medical decisions remain the responsibility of licensed healthcare professionals and the applicable care team.
You agree that you are solely responsible for reviewing, verifying, and acting on any information entered into or generated through the Service.
You may use ElderNote only if you are legally able to enter into this Agreement and are authorized to access the information you enter, view, upload, or manage through the Service.
If you use ElderNote on behalf of a healthcare practice, personal care home, assisted living facility, nursing facility, company, or other organization, you represent that you have authority to bind that organization to this Agreement.
You agree not to use ElderNote to access, enter, or disclose information unless you have the legal right and authorization to do so.
You may be required to create an account to use certain features. You agree to provide accurate information and keep your login credentials confidential.
You are responsible for all activity under your account. Notify us immediately if you believe your account has been compromised.
We may suspend or terminate accounts that violate this Agreement, create security risks, misuse the Service, or violate applicable law.
You are responsible for ensuring that any resident, patient, caregiver, employee, facility, or health-related information entered into ElderNote is collected, used, disclosed, and maintained in compliance with applicable law.
Depending on how ElderNote is used, laws such as HIPAA, the FTC Act, state privacy laws, elder care regulations, professional licensing rules, and facility-specific requirements may apply. HHS guidance states that HIPAA generally applies to covered entities and business associates, while health information maintained by apps outside those relationships may fall outside HIPAA but still be subject to other federal or state requirements.
If you are a healthcare provider, facility, or other regulated entity, you are responsible for determining whether you need a Business Associate Agreement or other written agreement with us before using ElderNote with protected health information.
If you are a healthcare provider, facility, covered entity, business associate, or other regulated organization and intend to use ElderNote with protected health information, you must have an active Business Associate Agreement with Myers Medical, LLC before entering PHI into the Service.
You agree not to enter PHI into ElderNote unless you are authorized to do so and have confirmed that any required agreement, consent, authorization, internal approval, or regulatory requirement has been satisfied.
ElderNote may use third-party vendors, including AI service providers, to process information as part of the Service. Where required, we will use appropriate contractual protections for vendors that handle PHI on our behalf.
Your use of ElderNote is also governed by our Privacy Policy, available at:
myersmedicalapps.com/privacypolicy
The Privacy Policy explains what information we collect, how we use it, how we protect it, and when it may be disclosed.
You agree that you will not enter sensitive information into ElderNote unless you have reviewed the Privacy Policy and are authorized to provide that information.
“User Content” means information, notes, text, images, files, data, messages, resident information, patient information, medication information, and other material that users enter, upload, store, or transmit through ElderNote.
You retain ownership of your User Content. By using the Service, you grant us a limited license to host, process, transmit, store, display, and use User Content solely as necessary to operate, maintain, secure, improve, and provide the Service.
You represent that you have all rights and permissions needed to submit User Content to ElderNote.
You are responsible for the accuracy, completeness, and timeliness of all information entered into ElderNote.
We do not independently verify resident, patient, medication, diagnosis, treatment, or care information entered by users.
You agree to confirm important information through appropriate clinical, facility, pharmacy, or official records before making care decisions.
ElderNote may include features related to medications, tasks, reminders, care notes, health tracking, or resident monitoring.
These features are informational and organizational only. They do not replace physician orders, medication administration records, pharmacy review, nursing judgment, facility protocols, or legally required documentation.
You are responsible for verifying medication names, dosages, schedules, allergies, interactions, and administration instructions.
You agree not to:
Use ElderNote for unlawful, abusive, deceptive, or unauthorized purposes.
Access information you are not authorized to view.
Upload false, misleading, defamatory, or harmful content.
Attempt to bypass security controls.
Share login credentials with unauthorized persons.
Use ElderNote to harass, exploit, or harm any person.
Reverse engineer, copy, modify, or resell the Service without permission.
Interfere with the operation, security, or performance of the Service.
Use ElderNote as the sole system for emergency alerts or urgent clinical decision-making.
We use reasonable administrative, technical, and physical safeguards designed to protect information within ElderNote. However, no system can be guaranteed to be 100% secure.
You are responsible for using strong passwords, limiting access to authorized users, securing your devices, logging out when appropriate, and promptly reporting suspected unauthorized access.
ElderNote may integrate with or rely on third-party services, such as hosting providers, cloud storage, analytics, authentication tools, app stores, payment processors, communication services, or other software platforms.
We are not responsible for third-party services, websites, policies, outages, or security practices. Your use of third-party services may be governed by separate terms and privacy policies.
Some ElderNote features may require payment. Subscription terms, prices, billing cycles, trial periods, renewal terms, and cancellation rules will be disclosed at the time of purchase.
Unless otherwise stated, subscriptions renew automatically until canceled. You are responsible for canceling before renewal if you do not want to continue the subscription.
We may change pricing or available features with notice where required by law.
If you download ElderNote through the Apple App Store, Google Play Store, or another app marketplace, your use may also be subject to that marketplace’s terms and policies. Apple’s developer guidelines include requirements related to privacy, data collection, and user consent, especially for apps handling sensitive user data.
ElderNote, including its name, logo, design, software, interface, graphics, text, features, workflows, and related materials, is owned by us or our licensors and is protected by intellectual property laws.
You may not copy, distribute, modify, create derivative works from, publicly display, sell, lease, or exploit any part of ElderNote except as permitted by this Agreement.
If you send us suggestions, ideas, improvements, feature requests, or other feedback, you grant us permission to use that feedback without restriction or compensation.
We may update, modify, suspend, or discontinue all or part of ElderNote at any time. We do not guarantee uninterrupted access, error-free operation, or permanent availability of any feature.
We are not responsible for delays, downtime, data loss, device failures, internet outages, third-party service interruptions, or circumstances beyond our reasonable control.
You are responsible for maintaining copies of information that you are required to preserve outside ElderNote.
ElderNote may provide export or backup tools, but we do not guarantee that the Service will meet every legal, clinical, professional, or facility recordkeeping requirement unless separately agreed in writing.
You may stop using ElderNote at any time.
We may suspend or terminate your access if you violate this Agreement, fail to pay fees, misuse the Service, create security or legal risk, or if we discontinue the Service.
After termination, we may retain or delete information in accordance with our Privacy Policy, legal obligations, backup practices, and any applicable written agreement.
ElderNote is provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, accuracy, availability, security, non-infringement, and uninterrupted operation.
We do not warrant that ElderNote will prevent medical errors, identify all risks, ensure regulatory compliance, replace clinical judgment, or satisfy all documentation requirements.
To the fullest extent permitted by law, we will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, business interruption, reputational harm, clinical errors, care delays, or unauthorized access.
To the fullest extent permitted by law, our total liability for any claim related to the Service will not exceed the amount you paid to us for the Service during the three months before the event giving rise to the claim, or $100, whichever is greater.
Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.
You agree to defend, indemnify, and hold harmless [Your Company Name], its owners, officers, employees, contractors, affiliates, and licensors from claims, damages, liabilities, costs, and expenses arising from:
Your use or misuse of ElderNote.
Your violation of this Agreement.
Your violation of applicable law.
Your User Content.
Your unauthorized access, use, or disclosure of resident, patient, or health information.
Your clinical, caregiving, employment, facility, or professional decisions.
We may update this Agreement from time to time. When we do, we will revise the “Last Updated” date.
If changes are material, we may provide additional notice through the Service, by email, or on our website. Continued use of ElderNote after changes become effective means you accept the updated Agreement.
This Agreement is governed by the laws of the State of Ohio, without regard to conflict-of-law principles.
Any dispute will be handled in the state or federal courts located in Washington County, Ohio, unless applicable law requires otherwise.
Questions about this Agreement may be directed to:
Myers Medical, LLC
Email: todd@myersmedicalapps.com
Website: myersmedicalapps.com