Terms of Use

StayNear Terms of Use (Terms of Use v1.1-CA)
Last updated: 1 August 2026
Applies to: Families, account holders, and website visitors in Canada

IMPORTANT: This document is a product draft for demonstration and internal review.
It is not legal advice. Have Canadian counsel review and finalize it before production use.

1. Who we are and what StayNear is
StayNear (also called "StayNear Canada," "we," "us," or "our") provides platonic social phone companionship. We help families arrange scheduled phone check-in calls between a senior (or other loved one) and a vetted Canadian companion.

StayNear is a matching and coordination platform. Companions place warm, conversational calls on a rhythm you choose (frequency, length, language preferences, and related options). Calls are social in nature: conversation, connection, and everyday presence on the phone.

These Terms of Use ("Terms") govern your access to and use of our website, waitlist and quote tools, account features, and related services (together, the "Service").

By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. Who the contract is with (eligibility)
2.1 Account holder. Unless we agree otherwise in writing, the contract for paid or waitlisted family services is between StayNear and the adult account holder: typically an adult child or other family member who creates the account, joins the waitlist, receives estimates, and (when available) completes checkout. You must be at least 18 years old and able to enter a binding contract under the laws of your province or territory.

2.2 The person who receives calls. The senior or loved one who receives calls ("Recipient") is generally not the contracting party unless they are also the account holder. You represent that you have the authority and appropriate consent to arrange calls for the Recipient and to share information needed to set up the Service.

2.3 Website visitors. Browsing public pages is allowed under these Terms. Features such as waitlist signup, estimates, or accounts may require additional consent (for example CASL email consent).

2.4 Geographic scope. This product is built for Canada: Canadian families and Canadian companions, phone-first. We may decline or limit service where we cannot operate appropriately.

3. Not clinical care / no emergency monitoring (read this)
StayNear is not medical care, nursing, therapy, counselling, home care, or a personal emergency response system (PERS).

- Companions are not clinicians, crisis responders, or emergency monitors.
- We do not provide continuous monitoring, fall detection, medication management, or clinical triage.
- Scheduled social calls can be missed, delayed, or incomplete for ordinary reasons (scheduling, technology, companion availability).
- Health or situation notes you share are for companion awareness and matching only, not diagnosis or treatment.

If there is an emergency, or you believe someone is in immediate danger, call local emergency services (for example 911) right away. Do not rely on StayNear or a companion call as an emergency channel.

If a companion becomes aware of a serious safety concern during a call, they may follow our safeguarding process, which can include contacting family contacts you provide and/or emergency services. That process is a limited escalation path, not a promise of monitoring or rescue.

4. Waitlist, estimates, and pricing (CAD)
4.1 Waitlist and availability. Joining a waitlist or submitting a "Build your check-in" style request expresses interest. It does not guarantee a start date, a specific companion, or continuous availability of a preferred companion. We aim for continuity (same companion when we can, with ordered backups), but matching depends on capacity, language, schedule, and vetting.

4.2 Estimates are not charges. On-site quotes and monthly figures are estimates in Canadian dollars (CAD) based on the options you select. An estimate is not a final invoice, is not authorization to charge your payment method, and may change when we confirm scope, schedule, add-ons, taxes, or promo terms. You are not charged until pricing and service details are confirmed and you complete checkout (or another clear payment authorization we provide when slots open).

4.3 Confirmed pricing and taxes. When checkout is available, we will show confirmed amounts in CAD, describe the billing cycle (for example monthly), and identify applicable taxes where required. Optional add-ons (such as Stories to keep) will be itemized when selected.

4.4 Changes and cancellations. Cancellation, pause, and change rules for paid plans will be shown at checkout or in your account once billing is live. Until then, waitlist entries can typically be updated or withdrawn by contacting us.

5. Companions and StayNear's role
Companions who place calls are independent contractors, not StayNear employees (unless we expressly say otherwise for a specific person).

StayNear's role includes operating the platform, vetting and matching (to the extent described on our site), coordinating schedules, providing tools such as a masked phone bridge when available, and setting community and safeguarding rules.

Companions remain responsible for how they conduct calls within those rules. StayNear is not a dating service, matchmaking romance service, or caregiving agency placing employees in the home.

6. Stories to keep, notes, consent, and ownership
6.1 Call notes and operational records. We and companions may create brief notes needed to deliver the Service (for example preferences, scheduling, safeguarding flags). Those operational records are handled under our Privacy Policy and PIPEDA-aware practices.

6.2 Stories to keep (optional). If you opt into Stories to keep (or a similar keepsake add-on), companions or StayNear may listen for stories the Recipient chooses to share and help turn them into written keepsakes for the family.

- Story-sharing is welcome, never forced. Calls should stay unhurried and social.
- By opting into Stories to keep, you represent that you have the Recipient's informed consent (or other lawful authority) for companions or StayNear to listen for shared memories, draft written keepsakes, and deliver those keepsakes to the family account holder. If that consent is withdrawn, you must tell us promptly so we can stop new keepsake drafting.
- Ownership sketch (demo): Subject to counsel review, the finished keepsake text delivered to the family account holder is for the family's personal, non-commercial use. StayNear retains rights in templates, tooling, workflows, and platform materials. We do not claim a right to publish identifiable stories publicly. Confidential personal information remains protected under the Privacy Policy.
- Do not assume public publication rights. We will not post identifiable stories publicly without clear permission.

This subsection is intentionally a sketch for product clarity. Final IP and consent wording must be confirmed by counsel before production.

6.3 Recordings. Recording is off by default. If recording is ever offered, we will require clear dual consent (and any other consent the law requires) before recording.

7. Acceptable use
You agree not to:
- use the Service for romance, dating, sexual content, harassment, or exploitation;
- solicit money, gifts, investments, or financial information from companions or Recipients through the Service;
- ask companions for medical, legal, or financial advice, or treat call notes as clinical records;
- attempt to bypass platform tools (for example pressuring companions for personal phone numbers to avoid the Service);
- upload unlawful, hateful, or infringing content, or misuse another person's personal information;
- interfere with the website, accounts, or other users' security;
- misrepresent who you are, your authority to arrange calls, or emergency contacts.

We may suspend or end access where we reasonably believe these rules are broken, or where needed to protect safety or legal compliance.

8. Privacy (PIPEDA-aware)
We collect and use personal information to operate StayNear, including contact details, scheduling preferences, and information you share about the Recipient for matching and companion awareness.

Our practices are described in our Privacy Policy at /privacy.

We aim to handle personal information in a manner consistent with PIPEDA and applicable provincial privacy laws. Companions are instructed to protect personal information and not to post about clients publicly.

9. Communications and CASL
If you consent to email (or other commercial electronic messages) about StayNear, your quote, waitlist status, or service updates, we may send those messages in line with Canada's Anti-Spam Legislation (CASL) and your stated preferences.

You can withdraw consent using the unsubscribe link in emails or by contacting us. Transactional or service messages that are not commercial electronic messages may still be sent when needed to provide the Service you requested.

10. Disclaimers
To the extent permitted by applicable Canadian consumer protection law:
- the Service is provided on a practical "as available" basis for social companionship coordination;
- we do not warrant uninterrupted calls, perfect companion continuity, or specific emotional outcomes;
- information on the website is general product information, not professional advice.

Nothing in these Terms is meant to take away rights you cannot waive under provincial consumer protection statutes.

11. Limitation of liability
Subject to applicable law, StayNear's total liability arising out of or related to the Service or these Terms is limited to the greater of: (a) the amounts you paid to StayNear for the Service in the three (3) months before the claim, or (b) CAD $100 if you have not paid us.

We are not liable for indirect, incidental, special, or consequential losses (including lost data or emotional distress claims beyond what the law requires us to cover), except where Canadian law does not allow that limit.

We do not limit liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence where the law forbids such a limit, or any other liability that cannot be limited under applicable Canadian law (including non-waivable consumer rights).

Companions are independent contractors. Claims about a companion's conduct may need to be addressed with regard to that relationship and applicable law; this does not reduce any non-waivable rights you have against StayNear where the law imposes responsibility.

12. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules that would apply another jurisdiction's laws.

Courts of Ontario will have non-exclusive jurisdiction, subject to any non-waivable consumer rights you have to bring a claim in your province or territory of residence.

13. Changes to these Terms
We may update these Terms from time to time. We will post the new version on this page and update the version label and date. Material changes affecting paid account holders will be communicated in a reasonable way (for example email or in-account notice) where appropriate.

Continued use after the effective date of updated Terms means you accept the updated Terms, except where the law requires a different process.

14. Contact
Questions about these Terms:
StayNear Canada
Email: legal@staynear.example (demo placeholder — replace before launch)

Privacy questions: see /privacy or the contact method listed there.

15. General
If a part of these Terms is found unenforceable, the rest remains in effect. These Terms, together with the Privacy Policy and any confirmed checkout terms, are the main agreement for the family/visitor Service. Companion contractors have separate Companion Terms.

Again: not legal advice. Counsel review required before production.

Related: Privacy Policy · Companion Terms