1. Acceptance of Terms
By accessing or using CheckUpOnMe.com (the "Service"), creating an account, or clicking "I Agree," you ("User") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you must not use the Service.
These Terms constitute a legally binding agreement between you and Earnest Software Engineering LLC ("Company," "we," "us," or "our"), the operator of CheckUpOnMe.com. We reserve the right to update these Terms at any time. Continued use of the Service following notice of changes constitutes acceptance of the revised Terms.
2. Description of Service
CheckUpOnMe.com is an automated wellness check-in monitoring service. The Service periodically contacts registered users via email, SMS, telephone call, or push notification to confirm their wellbeing. If a user fails to respond to a configurable number of consecutive check-ins, the Service will attempt to notify pre-designated emergency contacts.
THE SERVICE IS NOT AN EMERGENCY RESPONSE SERVICE AND IS NOT A SUBSTITUTE FOR CALLING 911 OR OTHER EMERGENCY SERVICES. The Service does not dispatch emergency personnel, does not monitor users in real time, and does not guarantee that any emergency contact will be reached or will respond.
3. Eligibility
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that:
- You are at least 18 years of age;
- You have the legal capacity to enter into a binding agreement;
- You will use the Service only for lawful purposes; and
- All information you provide is accurate, current, and complete.
4. Account Registration and Security
You must register an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate accounts at our sole discretion, including for violation of these Terms, suspected fraudulent activity, or non-payment of fees.
5. Emergency Contacts and Third-Party Consent
By adding an individual as an emergency contact, you represent and warrant that:
- You have obtained the express prior consent of that individual to receive alerts from the Service;
- The contact information you provide is accurate and belongs to the intended recipient;
- You will promptly update or remove contact information if consent is withdrawn.
You acknowledge that the Service will send messages to your designated emergency contacts including SMS, email, and automated telephone calls. You agree to indemnify and hold harmless the Company from any claims arising from messages sent to contacts you have added to the Service.
6. Subscription, Fees, and Billing
Certain features of the Service require a paid subscription. By subscribing, you authorize us to charge your payment method on a recurring basis at the then-current subscription rate. All fees are stated in U.S. dollars and are non-refundable except as required by applicable law or as expressly stated herein.
We reserve the right to change subscription pricing upon reasonable notice. Continued use of the Service after a price change constitutes acceptance of the new pricing. Subscriptions will automatically renew unless cancelled before the renewal date. You may cancel at any time through your account settings.
7. Service Availability and Uptime
We will use commercially reasonable efforts to maintain Service availability. However, we do not guarantee any specific uptime percentage. The Service may be temporarily unavailable due to:
- Scheduled or emergency maintenance;
- Third-party service provider outages (including telecommunications carriers, SMS gateways, and cloud infrastructure providers);
- Factors outside our reasonable control, including internet outages, natural disasters, or acts of government;
- Force majeure events.
YOU ACKNOWLEDGE THAT THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND THAT CHECK-IN MESSAGES AND EMERGENCY CONTACT NOTIFICATIONS MAY BE DELAYED OR UNDELIVERED. We shall not be liable for any harm, injury, loss, or damage arising from Service unavailability or delivery failures.
8. Not an Emergency Service — Critical Limitation
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
- WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION;
- WARRANTIES THAT CHECK-IN MESSAGES WILL BE DELIVERED IN A TIMELY MANNER OR AT ALL;
- WARRANTIES THAT EMERGENCY CONTACTS WILL RECEIVE OR RESPOND TO ALERTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
- PERSONAL INJURY, WRONGFUL DEATH, OR PROPERTY DAMAGE ARISING FROM USE OF OR INABILITY TO USE THE SERVICE;
- DAMAGES RESULTING FROM FAILURE TO DELIVER CHECK-IN MESSAGES OR EMERGENCY ALERTS;
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR PERSONAL INJURY OR DEATH IS NOT PERMITTED, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
IN ALL CASES, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms;
- Your use or misuse of the Service;
- Your violation of any third party's rights, including privacy rights;
- Your addition of emergency contacts without their consent;
- Any content you submit, post, or transmit through the Service;
- Your violation of any applicable law or regulation.
12. Privacy and Data
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
You acknowledge that the Company may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access is reasonably necessary to comply with legal process, enforce these Terms, or protect the rights, property, or safety of the Company, its users, or the public.
13. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable law or regulation;
- Harass, abuse, or harm another person;
- Add emergency contacts without their express consent;
- Impersonate any person or entity;
- Transmit any unsolicited commercial communications;
- Attempt to gain unauthorized access to any part of the Service;
- Interfere with or disrupt the integrity or performance of the Service;
- Use automated means to access the Service without our express written permission.
14. Third-Party Services
The Service relies on third-party providers for SMS delivery, voice call services, email delivery, and payment processing. The Company is not responsible for the acts or omissions of these third-party providers. Delivery of messages is subject to the availability and policies of these providers, including applicable telecommunications regulations.
By using the Service, you acknowledge that SMS and voice call delivery rates, timing, and success are subject to carrier policies and network conditions beyond our control.
15. Telephone Consumer Protection Act (TCPA) Compliance
Acceptance of these Terms is not consent to receive SMS text messages. Messaging consent is collected separately through an explicit, unchecked-by-default checkbox at the time you provide a mobile number. The opt-in language, sample messages, and opt-out instructions are published at checkuponme.com/sms.
If you opt in, you consent to receive automated text messages and, if you enable voice check-ins, pre-recorded voice calls from the Company at that number for wellness check-ins and service notifications. Message and data rates may apply. You may withdraw consent at any time by updating your account settings or texting STOP to any message received.
By adding a contact's telephone number for SMS alerts, you represent that you have obtained that contact's prior express consent to receive automated text messages from the Company.
16. Termination
Either party may terminate this agreement at any time. You may terminate by cancelling your account. We may terminate or suspend your access immediately, without prior notice, for any reason, including breach of these Terms.
Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including Sections 9, 10, 11, and 17.
17. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction in such courts.
TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS AND CLASS-WIDE ARBITRATION AGAINST THE COMPANY.
18. Miscellaneous
Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior agreements.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Assignment
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Notices
We may provide notices to you via email to the address on your account or by posting to the Service. Notices to us should be sent via our contact form.