Terms of Service

Effective Date: 11/2/2025
Last Updated: 11/2/2025

Welcome to GeriActive, a web-based engagement platform designed to enrich the lives of seniors and neurodivergent adults through Montessori-inspired, research-based activities and programs.

These Terms of Service (“Terms”) govern your access to and use of the GeriActive website, platform, applications, and services (collectively, the “Services”). Please read these Terms carefully before using GeriActive. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

If you are using GeriActive on behalf of a senior living community, organization, or other legal entity (“Facility”), you represent that you have the authority to bind that entity to these Terms. In such cases, “you” or “user” refers to both the individual user and the entity they represent.

1. Overview of Services

GeriActive provides access to online activities, educational tools, printable resources, and content designed to promote engagement, learning, and social interaction among seniors and adults with cognitive or physical impairments.

Our Services are subscription-based and are intended for use by caregivers, senior living staff, and authorized facility personnel. The platform may include upcoming features such as analytics, abilities assessments, and QR code-based resident systems.

2. Eligibility

You may use the Services only if you are:

  • At least 18 years old and capable of entering into binding contracts,

  • Authorized by a senior living facility or organization to access the platform, and

  • Compliant with all applicable local, state, and federal regulations.

The Services are not intended for direct use by residents or minors without caregiver supervision.

3. Account Registration and Security

To access certain features, you must create an account. You agree to:

  • Provide accurate and current information during registration,

  • Maintain the confidentiality of your login credentials, and

  • Notify GeriActive immediately of any unauthorized access or breach.

You are responsible for all activities that occur under your account. GeriActive is not liable for any loss or damage arising from your failure to safeguard credentials.

4. Subscriptions, Billing, and Renewals

GeriActive operates on a monthly or annual subscription basis, as agreed upon at sign-up.

  • Billing: Payment information must be accurate and current. All payments are processed through secure, PCI-compliant third-party vendors.

  • Renewals: Subscriptions automatically renew at the end of each billing cycle unless canceled in advance.

  • Cancellations: You may cancel your subscription at any time through your account or by contacting support. Access will continue until the end of the paid term.

  • Refunds: Refunds are not typically provided for partial months or unused access except where required by law.

5. Acceptable Use Policy

By using GeriActive, you agree not to:

  • Reproduce, distribute, or publicly display content from the platform without authorization.

  • Share login credentials or allow unauthorized access.

  • Upload or transmit viruses, malware, or other harmful code.

  • Use the platform for purposes unrelated to senior engagement or caregiving.

  • Interfere with, disable, or disrupt the integrity or security of the Services.

  • Attempt to reverse engineer, copy, or resell the GeriActive platform.

Violation of this policy may result in suspension or termination of your account.

6. Intellectual Property

All content, design, software, and materials available on GeriActive—including text, graphics, videos, trademarks, curriculum materials, and code—are the intellectual property of GeriActive, LLC or its licensors, protected under U.S. and international copyright and trademark laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the platform for authorized facility purposes only.
You may not copy, reproduce, or create derivative works from any GeriActive materials without written permission.

7. Facility and User Content

Certain features allow users to upload or input limited content (e.g., resident data, engagement notes, or photos). By submitting content:

  • You represent that you have appropriate permissions and consent to use that information.

  • You grant GeriActive a non-exclusive, worldwide license to use, store, and process that content solely to operate and improve the Services.

  • You retain ownership of all resident or facility-specific data entered into the system.

GeriActive will never sell or publicly share user-generated data without consent.

8. Data Privacy & Security

We value your privacy. Our collection and use of information are governed by our Privacy Policy.

GeriActive follows industry-standard security measures, including SSL encryption, restricted administrative access, and data anonymization for analytics. While we take all reasonable precautions, no platform can guarantee absolute security. You acknowledge and accept this risk by using the Services.

9. Accessibility and Equipment

To use GeriActive effectively, facilities should have:

  • A laptop or desktop computer,

  • A television or smartboard with HDMI or internet connection,

  • A color printer for printable materials, and

  • Basic internet access.

GeriActive is not responsible for hardware setup, internet connectivity, or third-party device issues.

10. Service Availability and Updates

We strive to maintain continuous availability of our Services but do not guarantee uninterrupted access.
We may:

  • Perform routine maintenance or updates,

  • Modify or enhance features, and

  • Suspend or discontinue certain functionalities when necessary.

We will make reasonable efforts to notify users of major updates or downtime.

11. Termination

We may suspend or terminate your account if:

  • You violate these Terms or misuse the Services,

  • Payment is not received for active subscriptions, or

  • Required by law or facility agreement.

Upon termination, your right to access the platform ceases immediately. GeriActive may retain limited backup data as required for legal or administrative purposes.

12. Disclaimer of Warranties

The GeriActive Services are provided “as is” and “as available.”
We do not warrant that:

  • The platform will be error-free, uninterrupted, or meet all specific requirements, or

  • All activities or outcomes will be suitable for every resident.

To the fullest extent permitted by law, GeriActive disclaims all warranties, express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the maximum extent permitted by law:

  • GeriActive shall not be liable for any indirect, incidental, or consequential damages, including loss of data, profits, or goodwill.

  • Our total liability for any claim related to the Services shall not exceed the total amount paid by you in the twelve (12) months preceding the incident.

Some jurisdictions do not allow certain limitations; in such cases, these limits apply to the fullest extent permissible.

14. Indemnification

You agree to indemnify and hold harmless GeriActive, its affiliates, employees, and licensors from any claims, damages, liabilities, or expenses arising out of:

  • Your use of the Services,

  • Violation of these Terms, or

  • Infringement of any third-party rights.

15. Compliance with Laws

Users are responsible for ensuring compliance with all applicable privacy, data protection, and healthcare regulations, including HIPAA, where relevant. GeriActive is not intended to collect medical records or protected health information (PHI) unless anonymized or aggregated.

16. Modifications to Terms

We may revise these Terms from time to time to reflect changes in laws, technology, or our business practices.
The updated version will be posted with a revised “Effective Date.” Continued use of the Services after updates constitutes acceptance of the revised Terms.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any disputes arising under or relating to these Terms shall be resolved through binding arbitration in Dallas County, Texas, in accordance with the rules of the American Arbitration Association.
Each party waives the right to a jury trial or class action.

18. Contact

For questions or support, please contact us.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GeriActive regarding your use of the Services and supersede all prior communications or understandings.