Terms of Service

Empathy Connections provides:

• An AI-powered voice companion ("Erin") that makes scheduled daily calls to elderly individuals designated by the Carer ("Carees")
• A mobile application allowing Carers to monitor wellbeing data, call history, notes, and upcoming appointments
• Automated wellbeing alerts and push notifications to Carers
• Optional calendar integration allowing Erin to reference and create appointments
• Note-taking and reminder functionality during calls

3.1 Not a medical or emergency service

THE SERVICE IS NOT A MEDICAL SERVICE, EMERGENCY SERVICE, OR SUBSTITUTE FOR PROFESSIONAL CARE IN ANY FORM. Erin is an artificial intelligence system. She cannot diagnose illness, detect emergencies, or summon help. Under no circumstances should the Service be used as a substitute for:

• Emergency services — always call 999 or 112 in Ireland in an emergency
• Professional medical advice, diagnosis, or treatment
• Qualified care workers, nurses, or social care professionals
• Mental health crisis services or psychiatric support
• A personal alarm or pendant alarm system

We strongly recommend that all Carees have access to a personal alarm system capable of alerting emergency services independently of this application.

3.2 AI limitations

Erin is powered by artificial intelligence and has inherent limitations. She may:

• Misunderstand or misinterpret what a Caree says
• Fail to detect distress, confusion, or health deterioration
• Generate inaccurate call summaries or transcripts
• Miss scheduled calls due to technical failures
• Respond in ways that are inappropriate to a given situation

You expressly acknowledge these limitations and agree that the Company bears no responsibility for any harm arising from Erin's responses, failures, or omissions.

3.3 Assumption of risk

By using the Service, you voluntarily assume all risks associated with the use of an AI-powered companion service for the care of elderly individuals, including risks of technical failure, inaccurate information, missed calls, and delayed or absent wellbeing alerts.

• You must be at least 18 years of age to register as a Carer
• You must provide accurate, current, and complete registration information
• You are solely responsible for maintaining the security of your account credentials
• You must not permit any other person to access the Service using your account
• The Company reserves the right to refuse service to any person for any reason

Before you add a Caree to the platform, you must confirm in the app — by ticking the consent box during setup — that:

• The Caree has given informed, explicit consent — or, where the Caree lacks capacity, a person with legal authority to decide on their behalf (for example an attorney under an Enduring Power of Attorney or a decision-making representative) has given it — to:
  • receive calls from an artificial intelligence system, understanding that Erin is not a human being;
  • those calls being recorded and transcribed;
  • their health information (including medications, mood and wellbeing) being recorded and processed as described in our Privacy Policy; and
  • that information being shared with you and with any other carers you invite;
• You have told the Caree (or their representative) that they can contact us directly at hello@empathyadventures.com to exercise their data protection rights or to withdraw consent; and
• You will tell us promptly if that consent is withdrawn or the Caree's circumstances change.

We record the date and time you gave this confirmation. You are responsible for the accuracy of information you enter about a Caree, including medications. Medication information in the Service is a record for your convenience only; it is not a prescription, a dosing instruction or medical advice.

The Company accepts no liability for any claim arising from failure to obtain proper consent from a Caree or their legal representative.

The main carer may invite other people (for example family members or a paid carer) to access a Caree's information. By inviting someone, you confirm that the Caree (or their representative) has agreed to that person seeing their information. Each carer must use their own login and must not share it. The main carer can remove another carer's access at any time in the app.

6.1 Fees

Access to the Service requires a paid subscription. All fees are displayed within the application and on our website in Euro (EUR). We reserve the right to change pricing at any time with 30 days' prior written notice to existing subscribers.

6.2 Free trial

New subscribers may be offered a free trial period. No payment details are needed to start a trial, and you will not be charged unless you choose to subscribe. If you do not subscribe by the end of the trial, the calls will stop.

During the free trial, call recordings and transcripts are kept for 30 days and then deleted. Once you subscribe, they are kept for as long as your subscription remains active, unless you ask us to delete them sooner. See our Privacy Policy for details.

6.3 Billing

Subscription fees are billed in advance on a recurring monthly or yearly basis, depending on the plan you choose, through our payment processor, Stripe. Subscription sign-up is completed outside the application via a secure Stripe checkout page. By subscribing, you authorise the Company to charge your designated payment method automatically at the start of each billing period until cancellation.

6.4 Cancellation

You may cancel your subscription at any time through the application or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are issued for any unused portion of a billing period, except where required by Irish consumer law or EU consumer protection regulations.

6.5 EU consumer rights

If you are a consumer in the European Union, you have the right to withdraw from a subscription contract within 14 days of purchase without giving a reason, unless the digital service has already begun with your prior consent and acknowledgement that you lose your right of withdrawal once the service commences.

6.6 Non-payment

If a payment fails, we reserve the right to suspend or terminate access to the Service until payment is received.

You agree not to use the Service to:

• Violate any applicable law or regulation
• Harm, harass, abuse, or endanger any person
• Transmit any malicious software, viruses, or disruptive code
• Attempt to gain unauthorised access to any part of the Service
• Reverse engineer, decompile, or extract source code from the application
• Resell or commercially exploit the Service without written consent
• Interfere with the operation of the Service or its infrastructure

Violation of this section may result in immediate termination of your account without notice or refund.

All intellectual property in the Service — including the Erin AI persona, application design, software, written content, brand names, and trade marks — is owned exclusively by Empathy Adventures or its licensors and is protected under Irish and EU intellectual property law.

You are granted a limited, personal, non-exclusive, non-transferable, revocable licence to use the application on your personal device solely for the purposes described in these Terms. No other rights are granted.

The Company makes no warranty that:

• The Service will be uninterrupted, error-free, or secure
• Erin's calls will be made at precisely the scheduled time or at all
• Call transcripts or summaries will be accurate or complete
• Wellbeing alerts will detect every situation requiring attention
• The Service is suitable for monitoring vulnerable adults

Nothing in this section affects your statutory rights as a consumer under Irish or EU law.

10.1 Exclusion of consequential loss

To the maximum extent permitted by Irish and EU law, Empathy Adventures and its officers, employees, agents, and contractors shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of life, personal injury, or deterioration in health of any Caree
• Loss of profit, revenue, business, data, or goodwill
• Missed calls, failed alerts, or inaccurate wellbeing assessments
• Actions taken in reliance on any call transcript, summary, or alert
• Failure of any third-party service integrated with the platform
• Any claim arising from a Caree's reliance on Erin as a substitute for professional care

10.2 Cap on liability

The Company's total aggregate liability for all claims shall not exceed the total subscription fees paid by you in the twelve months immediately preceding the event giving rise to the claim.

10.3 Statutory rights

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by proven gross negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot lawfully be excluded under Irish or EU law, including rights under the Sale of Goods and Supply of Services Act 1980 (Ireland) and EU consumer protection directives.

10.4 Indemnification

You agree to indemnify and hold harmless Empathy Adventures and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your failure to obtain proper consent from a Caree; or (d) any negligent act or omission by you in connection with the Service.

The Service integrates with third-party providers including Vapi, Anthropic, ElevenLabs, Deepgram, Twilio, Supabase, n8n, Stripe, Google, and Apple. A full list, including where each provider processes data, is in our Privacy Policy. The Company is not responsible for the availability, accuracy, or security of any third-party service and accepts no liability for any loss arising from your use of or reliance on third-party services.

The Company shall not be liable for any failure or delay in performance resulting from any cause beyond our reasonable control, including acts of God, war, pandemic, civil unrest, government action, telecommunications failure, power outage, or failure of third-party infrastructure.

13.1 Termination by you

You may terminate your account at any time by cancelling your subscription through the application or by contacting us. Termination does not entitle you to a refund for prepaid subscription fees, subject to your statutory rights.

13.2 Termination by us

We reserve the right to suspend or terminate your account without prior notice if you breach these Terms, we suspect fraudulent or unlawful activity, you fail to pay subscription fees, or we are required to do so by law.

13.3 Effect of termination

Upon termination, your right to access and use the Service immediately ceases. Data retention following termination is governed by our Privacy Policy.

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Ireland. The courts of Ireland shall have jurisdiction to settle any such dispute.

If you are a consumer in the EU, you may also have the right to use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

Prior to initiating any formal legal proceedings, you agree to contact us at hello@empathyadventures.com and allow 30 days for informal resolution.

• Entire agreement — these Terms and the Privacy Policy constitute the entire agreement between you and the Company regarding the Service
• Severability — if any provision is found unenforceable, the remaining provisions continue in full force
• No waiver — failure to enforce any right does not constitute a waiver of that right
• Assignment — you may not assign your rights under these Terms without our prior written consent
• Language — these Terms are provided in English. Where required by law, translations may be provided but the English version prevails

We reserve the right to modify these Terms at any time. Where changes are material, we will provide at least 14 days' prior notice via the application or by email. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

If you do not agree to the revised Terms, you must stop using the Service before the changes take effect.