Terms of Use for Are You Well?

1. Eligibility and Acceptance

You may use the service only if you have the legal capacity to enter into a binding agreement under applicable law. If you use the service on behalf of another person or entity, you represent that you are authorized to accept these Terms on their behalf.

2. Nature of the Service

Are You Well? is intended to help users manage routine safety check-ins, contact preferences, alerts, and related communications. The service is designed as a support and coordination tool only. Unless expressly stated otherwise, it is not a replacement for emergency services, medical monitoring, law enforcement response, or professional safety supervision.

3. Account Registration and Security

• You are responsible for maintaining the confidentiality of your account access credentials and login method.
• You are responsible for the activities that occur through your account, except to the extent caused by our failure to use reasonable security measures.
• You must provide accurate and current information when using the service.
• We may require account verification, session validation, or other security controls to protect users and the service.

4. User Responsibilities

• You are responsible for selecting appropriate check-in settings, grace periods, and trusted contacts.
• You are responsible for ensuring that contact details you provide are accurate and that you have the right to provide them.
• You are responsible for determining whether and when to enable optional location sharing.
• You are responsible for reviewing alerts, messages, and account activity relevant to your use of the service.

5. Alerts and Notifications

Alert delivery may depend on internet connectivity, third-party email services, notification infrastructure, device permissions, device availability, and other factors beyond our direct control. Accordingly, we do not warrant that any reminder, alert, message, or notification will be delivered, received, or acted upon in real time, or at all.

6. Messaging and Communications

The service may offer communication features between users or contacts. You agree not to use messaging or contact features to harass, threaten, impersonate, defraud, spam, or otherwise engage in unlawful or abusive conduct. We reserve the right to restrict, suspend, or terminate access to communication features where misuse is reasonably suspected.

7. Acceptable Use Restrictions

You agree not to:

• Use the service for unlawful, harmful, fraudulent, or deceptive purposes
• Interfere with the operation, security, or integrity of the application or related systems
• Attempt to gain unauthorized access to accounts, data, or infrastructure
• Reverse engineer, disrupt, overload, or exploit the service except as permitted by applicable law
• Use the service in a way that could endanger other users or third parties

8. Privacy

Your use of the service is also governed by the Privacy Policy, which describes how information is collected, used, stored, and disclosed.

9. Intellectual Property

The application, including its software, design, branding, text, graphics, and related content, is protected by applicable intellectual property laws. Except as expressly permitted, no part of the service may be copied, modified, distributed, licensed, sold, or otherwise exploited without prior written authorization from the rights holder.

10. Availability and Modifications

We may modify, suspend, restrict, or discontinue any part of the service at any time, with or without notice, to the extent permitted by applicable law. We may also update features, security controls, dependencies, and service behavior in order to maintain or improve the application.

11. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the service is provided on an “as is” and “as available” basis. We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

12. Limitation of Liability

To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, or business opportunity, arising out of or related to the use of, or inability to use, the service. This limitation applies even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

13. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless the service provider and its affiliates, officers, employees, and agents from claims, losses, liabilities, and expenses arising out of your misuse of the service, your violation of these Terms, or your infringement of any rights of another person or entity.

14. Suspension and Termination

We may suspend or terminate access to the service, in whole or in part, where reasonably necessary to protect users, maintain security, investigate suspected misuse, comply with legal obligations, or enforce these Terms. You may stop using the service at any time.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction designated by the service provider, without regard to conflict-of-law principles, unless otherwise required by applicable consumer protection law.

16. Changes to These Terms

We may revise these Terms from time to time. The updated version will become effective when posted, unless a later effective date is specified. Continued use of the service after the effective date of revised Terms constitutes acceptance of the revised Terms.

17. Contact

Questions regarding these Terms of Use may be directed to: [email protected]