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.

3. User Accounts and Responsibilities

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

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

Location data is only collected and shared during active incidents when:

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

We do not provide continuous location tracking. You may 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:

• You authorize us to charge your payment method on a recurring basis
• Subscriptions automatically renew unless cancelled
• You may cancel at any time through your account settings
• Refunds are provided in accordance with our refund policy
• Pricing is subject to change with 30 days notice

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)

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.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the 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

• QUIT: You can opt-out of SMS communications at any time by replying "QUIT" to any text message you receive from us. Once you reply "QUIT", we will send you one final SMS to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you re-subscribe.
• 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).
• Message and data rates may apply from your wireless carrier.
• EverWhen is not responsible for any delays or failures in message delivery caused by your carrier.

14. Contact Information

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

Email: everwhenmi@gmail.com
PAI Tech LLC