Terms of Use
Last updated: June 5, 2026
These Terms of Service ("Terms") govern your access to and use of the website at elderberrymd.com, the patient and provider applications (including elderberry.health), and the services and software provided by Elderberry Management, Inc. and its ElderberryMD service ("ElderberryMD," "we," "us," or "our") (together, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. What ElderberryMD is — and is not
ElderberryMD is a concierge and practice-management service and software vendor. We help physician practices run their administrative back office and we provide a free application to patients of those practices. ElderberryMD does not practice medicine and does not provide medical advice, diagnosis, or treatment. Our Care Team consists of administrative, customer-support, and medical-assistant staff—not employed physicians. All clinical decisions are made by your own physicians and the practices that use our Services.
2. Not medical advice
The Services, including any content, coordination, and AI-assisted features, are provided for informational and administrative purposes and are not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified clinician with any questions about a medical condition, and never disregard or delay seeking professional advice because of something provided through the Services.
3. Emergencies
The Services are not for medical emergencies. If you are experiencing a medical emergency, call 911 immediately. If you are experiencing a mental-health crisis, call or text 988. ElderberryMD does not provide emergency services and does not offer an on-call physician or urgent clinical response.
4. AI-assisted features
Features such as AskEvidence and our AI Scribe use AI to assist clinicians and our Care Team. These tools support people and do not replace clinical judgment. A clinician reviews, edits, and signs any clinical documentation. AI output may contain errors and must be verified before it is relied upon; it does not constitute medical advice.
5. Eligibility and accounts
You must be able to form a binding contract to use the Services. You agree to provide accurate information, to keep your account credentials secure, and to be responsible for activity under your account. Provider accounts are for use by the practice and its authorized personnel; patient accounts are for the individual patient.
6. Pricing and payment
The Services are free for patients. Providers may use a free tier and may subscribe to paid tiers; fees, features, and limits for paid tiers are described on our pricing pages and in your order. We may change pricing or features prospectively, and we will provide notice of material changes as required. Paid fees are billed according to the plan you select.
7. Acceptable use
You agree not to: (a) use the Services unlawfully or in violation of these Terms; (b) interfere with or disrupt the integrity or performance of the Services; (c) attempt to gain unauthorized access to any system or data; (d) scrape, reverse engineer, or misuse the Services; or (e) submit false or misleading health information. Misuse may result in suspension or termination and may carry civil or criminal liability.
8. Provider responsibilities
Practices and clinicians using the Services are solely responsible for the practice of medicine, their professional and licensure obligations, their use of the Services, obtaining any required patient consents, and their role as the covered entity for PHI under HIPAA. ElderberryMD acts as a Business Associate under a Business Associate Agreement when handling PHI on a practice's behalf.
9. Privacy
Our Privacy Policy explains how we handle information. For PHI, our handling is governed by the applicable Business Associate Agreement and HIPAA.
10. Intellectual property
The Services, including all software, content, and trademarks, are owned by ElderberryMD or its licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services as permitted by these Terms. You retain rights to content you submit and grant us the license needed to operate the Services.
11. Third-party services
The Services may integrate with third-party systems (for example, electronic health record systems). Your use of those systems is governed by their own terms, and we are not responsible for third-party services.
12. Disclaimers
To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that any content or AI output is accurate or complete.
13. Limitation of liability
To the fullest extent permitted by law, ElderberryMD and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or relating to your use of the Services. Our total liability for any claim relating to the Services will not exceed the amounts you paid us, if any, in the twelve months before the event giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless ElderberryMD and its affiliates from claims, damages, and expenses arising out of your misuse of the Services or your violation of these Terms or applicable law.
15. Termination
You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms or to protect the Services or others. Provisions that by their nature should survive termination will survive.
16. Governing law and dispute resolution
These Terms are governed by the laws of the United States and the state in which ElderberryMD is organized, without regard to conflict-of-laws rules. Before filing any claim, you agree to first contact us through our contact form and attempt to resolve the dispute informally for at least 30 days. Any dispute not resolved informally will be resolved on an individual basis, and you and ElderberryMD waive any right to participate in a class or representative action to the extent permitted by law.
17. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
18. Contact us
Questions about these Terms? Please use our contact form.
19. The Elderberry Pledge
The commitments in this section (the "Elderberry Pledge") are a binding part of these Terms and are made by Elderberry Management, Inc. ("Elderberry") to every practice and every patient who uses the Service. They are enforceable as terms of this agreement. The current text of the Pledge is published at elderberrymd.com/independent-ai and is incorporated into these Terms by reference.
1. No sale of patient data. Elderberry will not sell, rent, license, or otherwise transfer for value any patient data — including protected health information, personally identifiable information, and any de-identified derivative of either — to any data broker, pharmaceutical company, payer, or other third party.
2. No patient data to advertisers. Elderberry will not disclose patient data to any advertiser or advertising network, and will not deploy any third-party advertising pixel, tag, tracker, or SDK on any surface a patient can reach. Advertising, where it appears, is served without access to patient data.
3. No third-party inference. Elderberry will not transmit patient data to any third-party artificial intelligence provider for model inference. Clinical AI inference is performed on models Elderberry operates within its own HIPAA-covered environment.
4. No paid influence over clinical output. Elderberry will not accept payment, consideration, or any other inducement from any pharmaceutical company, payer, advertiser, government agency, or other party in exchange for influencing the content, ranking, ordering, emphasis, or omission of any clinical information the Service surfaces. Elderberry does not offer such placement and will not create it.
5. No AI feature gated by payment. Every artificial-intelligence capability offered by the Service is available on the free plan. Paid plans provide human staffing, expanded service capacity, and higher usage limits. Paid plans do not unlock artificial-intelligence capabilities that are withheld from the free plan.
6. Government demands require lawful process. Elderberry will not voluntarily disclose patient data to any government agency. Elderberry will require valid legal process, will object to demands it believes to be overbroad or unlawful, and will notify the affected practice of any demand to the extent permitted by law.
7. Disclosure of breach of the Pledge. If Elderberry determines that it has failed to honor any commitment in this Pledge, it will publish notice of that failure at elderberrymd.com/independent-ai, identifying the commitment and the date.
Changes to the Pledge. Elderberry may amend the Pledge only in a manner that preserves or strengthens the protections above. Elderberry will not amend the Pledge to reduce those protections with respect to data collected while a prior version was in effect. Any amendment will be published with its effective date.
Nothing in the Pledge limits Elderberry's obligation to comply with valid legal process, or its obligations under HIPAA, the FTC Act, or other applicable law.