Terms of Service
Effective: November 3, 2025
1) Nature of Service (Non-Medical, Informational)
Check WellCare provides a non-medical, informational wellness support platform that delivers scheduled check-ins and notifications based solely on user-submitted responses or missed check-ins.
Check WellCare does not provide medical advice, diagnosis, treatment, emergency services, safety supervision, or continuous monitoring of any individual.
Meet "Ava," Your AI Health Assistant. Check-in calls are conducted by an Artificial Intelligence (Voice AI), not a human. Ava is designed to be friendly but may have limitations in understanding complex speech.
2) No Assumption of Duty / No Monitoring
No Monitoring or Supervision: Check WellCare does not monitor users continuously, does not observe user activity in real time, and does not assume responsibility for detecting emergencies, changes in health status, or unsafe conditions.
No Guarantee of Outcome: Use of the platform does not create a professional, fiduciary, or supervisory relationship. We do not guarantee detection of issues, prevention of harm, or uninterrupted service.
3) Emergency Situations
Check WellCare is not an emergency response system. In an emergency, call 911 or local emergency services immediately.
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 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) Responsibility Allocation
User and Caregiver Responsibility: Users, caregivers, and designated contacts remain solely responsible for evaluating information received through the platform and for determining appropriate actions, including contacting healthcare professionals or emergency services when needed.
- You must provide accurate contact information.
- You must ensure the care recipient consents to the service.
- You are responsible for whitelist/spam settings to ensure calls are received.
5) Alerts & Notifications Disclaimer
Informational Notifications Only: Any alerts, notifications, or summaries generated by the platform are informational only and are based solely on predefined rules applied to user responses or missed interactions.
Alerts are not guarantees of accuracy, timeliness, or completeness and must not be relied upon as the sole means of determining safety, wellbeing, or need for assistance.
6) Communications Protocol
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.
7) 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.
8) 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.
9) 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.
10) 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.
11) 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.
12) Disclaimers (No Reliance)
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.
13) 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.
14) 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.
15) Termination
You may stop using the service at any time. We may suspend or terminate access for violations of these terms or to support users’ safety. Sections that by nature should survive termination (e.g., disclaimers, limitations of liability) will continue to apply.
16) Dispute Resolution (Arbitration & Class Action Waiver)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be determined by binding arbitration in the State of New Jersey, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Class Action Waiver: YOU AND CHECK WELLCARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17) Force Majeure
Check WellCare shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military, fire, floods, accidents, strikes, internet service provider failures, or shortages of transportation, facilities, fuel, energy, labor, or materials.
18) Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
19) Governing Law
These terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws provisions.
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.