Terms of Service

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
• Automated wellness calls
• Emergency contact notifications
• Care plan management

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 person before you add them as a Helper or emergency contact, 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

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to our privacy practices as outlined in that policy.

5. Location Sharing

If you enable location sharing, your location is recorded periodically in the background so a recent location is available if needed. It is only shared with your helpers during an active incident, such as when:

• A check-in is missed and escalation procedures are initiated
• You explicitly grant permission for location sharing
• An emergency contact notification is triggered

Your helpers cannot see your location outside of an active incident. Location sharing is optional, and you may turn it off or revoke location permissions at any time through your device settings.

6. Subscription and Payment

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

• Payment is charged to your payment method (for purchases made on iPhone, your Apple ID account) upon confirmation of purchase
• 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 made on iPhone) 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
• If a free trial is offered, any unused portion is forfeited when you purchase a subscription
• 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 everwhenmi@gmail.com 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

By providing your phone number to EverWhen, you explicitly consent to receive SMS messages (text messages) and automated voice calls from us for the following purposes:

• 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

• 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 everwhenmi@gmail.com 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: everwhenmi@gmail.com
PAI Tech LLC