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Terms of Service
Last Updated: March 2026
IMPORTANT: WellCheck is a best-effort notification tool. It cannot guarantee your safety or the delivery of any alert. When a check-in is missed, WellCheck attempts to notify your chosen contacts via SMS — nothing more. It cannot prevent emergencies, guarantee responses, or replace professional emergency services. In any life-threatening situation, call 911.
1. Acceptance of Terms
By downloading, installing, or using WellCheck, you agree to these Terms of Service. If you do not agree, do not use the app.
2. Service Description
WellCheck is a best-effort notification tool that attempts to:
- Remind you to check in at your chosen intervals or scheduled times
- Send SMS alerts to your pre-confirmed contacts when a check-in is missed
- Manage SMS consent for your emergency contacts
WellCheck cannot prevent emergencies, cannot guarantee alert delivery, and cannot guarantee that any contact will receive, read, or respond to an alert. The app's sole function is to attempt to notify people you trust when you do not respond to a check-in reminder.
3. No Warranties or Guarantees
WellCheck is provided "AS IS" without any warranties of any kind. We make NO guarantees that:
- The app will function without errors or interruptions
- SMS alerts will be delivered successfully
- Contacts will receive or respond to alerts
- The app will be available when needed
- Check-in timers will function accurately
WellCheck's role is limited to making a best-effort attempt to notify your designated contacts when a check-in is missed. The existence of this app, your subscription to it, or your use of its features does not create any duty of care, guarantee of safety, or assurance of any outcome. Many factors outside our control — including device settings, network availability, carrier delivery, and contact responsiveness — determine whether any alert is ultimately received or acted upon.
4. Known Limitations
You acknowledge and accept the following technical limitations:
- Network Dependency: SMS alerts require cellular/internet connection
- Phone Settings: Notifications may not work if phone is on silent/Do Not Disturb
- Battery: App requires charged device to function
- iOS Restrictions: App cannot bypass lock screen or force launch
- Third-Party Services: SMS delivery depends on Twilio and carrier networks
- Opt-Outs: Contacts can opt out of alerts at any time
- False Alarms: System may trigger false alarms or miss genuine emergencies
5. User Responsibilities
You are responsible for:
- Maintaining a charged device with active service
- Testing the app regularly before relying on it
- Keeping emergency contacts up-to-date
- Ensuring contacts have confirmed consent before SMS alerts are sent
- Not relying solely on WellCheck for safety
- Calling 911 in life-threatening emergencies
- Understanding that WellCheck can only attempt notifications and cannot guarantee any safety outcome
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
WellCheckApp LLC SHALL NOT BE LIABLE for any damages, injuries, death, or losses arising from:
- Failure of the app to function
- Delayed, undelivered, or failed SMS alerts
- Contacts not responding to alerts
- Missed check-ins not triggering alerts
- False alarms or unnecessary alerts
- Any other use or inability to use the app
This includes direct, indirect, incidental, consequential, or any other damages, even if we were advised of the possibility.
YOU USE WELLCHECK AT YOUR OWN RISK.
7. Indemnification
You agree to indemnify and hold harmless WellCheckApp LLC from any claims, damages, or expenses arising from your use of the app.
8. Emergency Services Disclaimer
WellCheck is NOT a substitute for:
- 911 or other emergency services
- Professional medical alert systems (e.g. Life Alert, monitored services)
- Professional medical monitoring or supervised care
- Security systems or alarm services
WellCheck does not monitor you. It does not detect falls, medical events, or emergencies. It only detects that you have not tapped a button within a chosen time window — and then attempts to notify contacts you have pre-selected. The app cannot assess whether you are safe, injured, or in danger. That determination must be made by the contacts who receive the alert, or by professional emergency services.
If you or someone you know is in immediate danger, call 911. Do not rely on WellCheck as your only safety measure.
9. SMS Alerts - Additional Terms
By using SMS alert features:
- You confirm contacts have consented to receive alerts
- You understand message/data rates may apply
- You acknowledge delivery is not guaranteed
- You accept that contacts can opt out at any time
- You will not use the service for spam or abuse
10. Age Requirements
You must be 18+ to set up WellCheck. Children may use emergency features under adult supervision and setup.
11. Subscription Terms
If you subscribe to WellCheck:
- Subscriptions auto-renew unless cancelled 24 hours before renewal
- Charges occur through Apple App Store
- No refunds for partial periods
- Features may change or be discontinued
- Pricing: $4.99/month or $44.99/year
12. Exclusive Remedies
Your sole and exclusive remedy for any dissatisfaction with WellCheck, its features, or its performance is to discontinue use of the app and, if applicable, cancel your subscription through the Apple App Store. WellCheck's total liability to you for any claim arising out of or related to these Terms or your use of the app shall not exceed the amount you paid for the service in the twelve (12) months preceding the claim.
13. Termination
We reserve the right to:
- Discontinue the service at any time
- Suspend accounts for misuse
- Modify or remove features
14. Changes to Terms
We may update these terms at any time. Continued use after changes constitutes acceptance. Significant changes will be announced in-app.
15. Governing Law
These terms are governed by the laws of Maine, United States. Any disputes will be resolved in the courts of Maine.
16. Severability
If any provision is found invalid, the remaining provisions remain in full effect.
17. Contact
Questions about these terms? Email: support@wellcheckapp.com
BY USING WELLCHECK, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.