Terms of Service

Effective: November 3, 2025

1) What Check WellCare Does

Check WellCare provides gentle wellness check-ins, routine reminders, and caregiver notifications designed to support daily living and independence. We focus on simple, friendly prompts and timely follow-ups.

We are a "Safety Net," Not a "Babysitter." Our service offers a layer of reassurance and connection, but it is not a replacement for full-time supervision. We cannot physically prevent falls, accidents, or wandering.

2) What Check WellCare Does Not Do

We do not provide medical care, diagnosis, treatment, or emergency services. We are not a substitute for your clinician, care team, or 911.

No Emergency Dispatch: Check WellCare does not call 911, emergency medical services (EMS), or any other emergency care providers. If you have urgent symptoms (e.g., chest pain, trouble breathing, severe pain, a fall, or feeling unsafe), call 911 or your local emergency number immediately.

3) Eligibility & Accounts

• You must be 18+ to create an account or be a caregiver acting with permission for the care recipient.
• You agree to provide accurate information and to keep login credentials private.
• Caregiver Consent: Caregivers confirm they have obtained explicit consent from the senior (care recipient) to receive automated calls from our AI system ("Ava") and to have their wellness data shared with the caregiver.

4) Communications & AI Transparency

Meet "Ava," Your AI Health Assistant. By using this service, you acknowledge and consent that check-in calls are conducted by an Artificial Intelligence (Voice AI), not a human. Ava is designed to be friendly and conversational but may have limitations in understanding complex or non-standard speech.

Informational Data: Wellness scores and mood distributions are generated by AI based on vocal sentiment and self-reported responses; they are informational only and should not be used as the sole basis for medical intervention or changes to treatment plans.

The "Rule of 3" (Call Protocol)

To ensure reliability without harassment, we follow a strict retry logic:

• Attempt 1: We call at the scheduled time.
• Attempt 2 & 3: If missed, we retry up to 2 more times (typically 15 minutes apart).
• Alert: If there is NO answer after the 3rd attempt, we classify the check-in as "Missed" and trigger an alert to the designated caregiver.
• No Dispatch: We do NOT call 911 or dispatch emergency services if a call is missed. Taking action on an alert is the sole responsibility of the caregiver.

By using the service, you consent to receive these automated system calls, SMS, or emails. Standard carrier rates may apply.

5) Acceptable Use

• Do not use the service for emergencies, time-critical monitoring, or medical decision-making.
• Do not attempt to disrupt, reverse engineer, or misuse the service or others’ data.
• Do not use the service for unlawful, fraudulent, harassing, or abusive activity.

6) Service Changes & Availability

We may update features, pause, or discontinue parts of the service. Check WellCare is not responsible for missed notifications resulting from local network outages, "Do Not Disturb" modes on recipient devices, or third-party carrier delays. We strive for reliability but cannot guarantee uninterrupted availability.

7) Plans, Trials, and Payments

If you subscribe to a paid plan, you agree to the displayed pricing and billing cycle. Available features—including notification frequency and SMS alerts—are determined by your specific subscription tier. Unless stated otherwise, subscriptions renew automatically until canceled in your account settings.

8) Privacy

We collect the minimum information needed to deliver wellness check-ins and caregiver notifications. We will NEVER sell your personal data to third parties. Period. We make money from subscriptions, not from your data. Please read our Privacy Policy for details.

9) Third-Party Services

We may use third-party providers (e.g., telephony, email, storage). They are selected with care, but we are not responsible for their outages, delays, or policies.

10) Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHECK WELLCARE AND ITS OFFICERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

12) Indemnification

You agree to defend, indemnify, and hold harmless Check WellCare from claims arising out of your misuse of the service, violation of these terms, or failure to obtain proper consent from a care recipient.

13) Termination

You may stop using the service at any time. We may suspend or terminate access for violations of these terms or to protect users’ safety. Sections that by nature should survive termination (e.g., disclaimers, limitations of liability) will continue to apply.

14) Governing Law

These terms are governed by the laws of the State of New Jersey, and disputes will be handled in New Jersey courts.

Medical Disclaimer: This is general support, not medical advice. Check WellCare is a wellness tool and is not an emergency response service. In the event of an emergency, call 911.