1. Acceptance of Terms

By accessing and using EverWhen ("Service", "we", "us", or "our"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use our Service.

2. Description of Service

EverWhen provides a safety and wellness platform designed to help older adults maintain independence while providing peace of mind to their families. Our Service includes:

Daily check-in notifications
Medication and appointment reminders
Calls from Joanne, EverWhen's automated Wellness Agent
Trusted-person safety notifications
Care plan management
Optional mood check-ins and recent mood history
My People: safety alerts and permission-controlled helper access

Mood check-ins are optional personal wellness records, not a diagnosis or crisis-monitoring service. They do not replace a daily safety check-in or trigger safety calls, texts, or emergency alerts. Helpers with safety-viewing permission can see moods while the feature is enabled.

Important: EverWhen is NOT a substitute for emergency services (911) or professional medical monitoring devices. If you believe someone is in immediate danger, contact local emergency services directly.

EverWhen is not a medical device and does not provide medical, health, or clinical advice, diagnosis, monitoring, or treatment. The Service does not detect medical emergencies such as falls, cardiac events, or other health conditions. Always consult a qualified healthcare professional for medical concerns, and never disregard or delay professional medical advice because of something provided through the Service.

3. User Accounts and Responsibilities

You must be at least 18 years old and able to enter into a binding contract to create an account or use the Service. When you create an account with us, you must provide accurate, complete, and current information. You are responsible for:

Maintaining the security of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring your contact information remains current
Managing your Helper permissions appropriately
Obtaining permission from each trusted person before you turn on safety alerts or helper access for them, including their consent for EverWhen to contact them by SMS and automated voice calls on your behalf
Only sharing phone numbers and contact information that you are authorized to share

You represent and warrant that you have obtained all necessary consents from the people you add to your care network before adding them. You are responsible for the messages and calls EverWhen sends to those people at your direction.

4. Privacy and Data

Our collection and use of personal information is described in our Privacy Policy. Agreeing to these Terms does not itself enable location sharing or calls from Joanne, EverWhen's automated Wellness Agent, or grant a helper access to your account. The applicable owner permissions and feature-specific authorizations are required.

A helper may propose a check-in schedule and contact details through a setup invitation. The recipient reviews and accepts the proposed setup and permissions. The owner remains in control of helper access. Active helpers may receive permission-scoped weekly summaries, subject to their digest email preferences; mood entries are not included. Revoking access does not recall information already delivered.

5. Location Sharing

Location sharing is optional and requires owner authorization and device permission. A helper may recommend it, but cannot authorize it for the owner. Accepting a general setup invitation does not enable location sharing. When authorized:

EverWhen may capture location while the app is in use.
After a missed check-in, a silent notification may attempt one fresh fix, subject to operating-system permissions and background-execution limits. There is no continuous background-location tracking.
Current or last-known location may be shared with approved recipients for that incident. Location may be unavailable or out of date.

Your helpers do not receive a live view of your normal day-to-day movements. You may disable sharing in Safety Settings or revoke the app's location permission in device settings. This does not recall location information already delivered to recipients.

6. Subscription and Payment

EverWhen offers both free and paid subscription tiers. By subscribing to a paid plan:

Payment and any trial terms are shown before you confirm purchase. Purchases through Apple are billed to your Apple account; web purchases are billed through the web payment provider.
Subscriptions automatically renew for the same period unless auto-renew is turned off at least 24 hours before the end of the current period
Your payment method is charged for renewal within 24 hours prior to the end of the current period, at the price shown at the time of purchase
You can manage your subscription and turn off auto-renew in your App Store account settings (for purchases through Apple) or in your EverWhen account settings (for purchases made on the web). Cancelling stops the next renewal; the current paid period is not refunded except as required by law
Refunds for App Store purchases are handled by Apple in accordance with Apple's policies; other purchases are subject to our refund practices and applicable law
Free-trial eligibility and duration depend on the offer and purchasing account. An invitation alone does not start a subscription or trial; the payer must explicitly complete checkout. Follow the cancellation deadline shown with the offer to avoid a renewal charge.
Pricing is subject to change, with notice provided before any change applies to you

7. Limitation of Liability

To the maximum extent permitted by law:

EverWhen is provided "as is" without warranties of any kind
We are not liable for missed notifications, system failures, or communication delays
We do not guarantee uninterrupted or error-free service
Our total liability shall not exceed the amount you paid in the last 12 months
We are not responsible for third-party service failures (e.g., cellular networks, internet service)
EverWhen is not liable for any injury, loss, or harm resulting from a delayed, undelivered, or unactioned alert, or from reliance on the Service in place of emergency or professional care.

8. User Conduct

You agree not to:

Use the Service for any illegal or unauthorized purpose
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Service
Share your account credentials with others
Use the Service to harass, abuse, or harm others
Intentionally trigger false alarms

9. Termination

We reserve the right to suspend or terminate your account if you violate these Terms of Service. You may terminate your account at any time by contacting support or through your account settings. Upon termination:

Your access to the Service will cease immediately
Your data will be handled according to our Privacy Policy
Any outstanding fees remain due and payable

10. Changes to Terms

We may modify these Terms of Service at any time. We will notify you of any material changes via email or through the Service. Your continued use of EverWhen after such modifications constitutes acceptance of the updated terms.

11. Dispute Resolution

If a dispute arises between you and EverWhen, you agree to first contact us at support@everwhen.io and attempt to resolve it informally. We will try in good faith to resolve any dispute within 60 days of receiving your written notice.

If we cannot resolve a dispute informally, you and EverWhen agree that any dispute arising out of or relating to these Terms or the Service will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small-claims court. To the extent permitted by law, you and EverWhen waive any right to a jury trial and agree not to participate in a class, collective, or representative action. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.

13. SMS and Voice Communications

EverWhen requests communications consent during setup for service-related text messages and automated calls. Providing a phone number alone does not enable calls from Joanne. Depending on your choices and the applicable permissions, communications may include:

Daily wellness check-in notifications
Incident alerts and coordination with Helpers
Care plan reminders (e.g., medications, appointments)
Account security and verification (e.g., 2FA)

13.1 Opt-Out and Commands

Joanne is EverWhen's automated Wellness Agent, not a human caregiver or emergency responder. Joanne calls the owner only in response to a missed check-in. Her calls require a separate owner authorization and an eligible Pro account. Helpers can recommend calls but cannot enable them for the owner. Joanne may use the owner's first name and local time of day in her greeting. Mood records and care-plan details are not used for greeting personalization. The owner can turn Joanne's calls off in Safety Settings. Later automated safety calls to trusted people identify the service as EverWhen rather than Joanne.

STOP: You can stop EverWhen text messages at any time by replying "STOP" to any text message you receive from us. We also honor STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT. Once you opt out, we will send you one final SMS to confirm, and you will no longer receive text messages from us at that number unless you opt back in.
START: To start receiving EverWhen messages again after opting out, reply "START" (or "UNSTOP") to any of our numbers.
Safety note: Opting a phone number out of texts may reduce or remove that person's ability to receive EverWhen safety and emergency alerts. Owners can see in the app when a contact has opted out of texts.
Support: You may also contact us at support@everwhen.io for assistance with opting out or managing your communication preferences.

13.2 Message Frequency and Rates

Message frequency varies based on your care plan and activity (typically 1-3 messages per day for check-ins). Additional messages may be sent for reminders or safety events.
Message and data rates may apply from your wireless carrier.
Message delivery depends on your wireless carrier and is not guaranteed. EverWhen is not responsible for any delays or failures in message delivery, and does not guarantee that any message or alert will be delivered, received, or read.
Do not rely on text messages as your only way to receive a safety alert. In a medical or safety emergency, call 911 (or your local emergency number) directly.

14. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: support@everwhen.io
PAI Tech LLC