CheckInAlive - Terms & Conditions

Agreement to Terms

By downloading, installing, accessing, or using the Are You Alive mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.

Description of Service

Are You Alive is a personal safety application that functions as a digital check-in system. The App allows users to set periodic check-in timers and designate emergency contacts. If a user fails to check in within their specified time period, the App will automatically send alert notifications to the user's designated emergency contacts via SMS.

Eligibility

You must be at least 18 years of age to use this App. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Account Registration

To use the App, you must create an account and provide accurate, complete, and current information including your name and emergency contact details. 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.

Subscriptions & Payments

5.1 Subscription Required

Access to the App's core functionality requires a paid subscription. Subscription plans and pricing are displayed within the App.

5.2 Billing

Subscriptions are billed through the Apple App Store via your Apple ID account. Payment will be charged to your Apple ID account at confirmation of purchase. All payments are processed and managed by Apple in accordance with Apple's terms and conditions.

5.3 Auto-Renewal

Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

5.4 Managing Subscriptions

You can manage and cancel your subscription through your Apple ID account settings. Cancellation will take effect at the end of the current billing period.

5.5 Refunds

Refund requests are handled by Apple in accordance with Apple's refund policies. We do not process refunds directly.

User Responsibilities

By using the App, you agree to:

Provide accurate and up-to-date personal information and emergency contact details.
Obtain consent from any individuals you designate as emergency contacts before adding them to the App.
Not rely on the App as your sole means of emergency communication or personal safety.
Keep your device charged, connected to the internet, and configured to allow push notifications for the App to function properly.
Use the App in compliance with all applicable laws and regulations.
Not misuse the App by sending false or unnecessary alerts to emergency contacts.

Important Safety Disclaimers

Not an Emergency Service The App is not an emergency service and is not a substitute for calling emergency services (such as 911, 112, or your local emergency number). In any situation where you believe your life or safety is at immediate risk, contact emergency services directly.

7.2 No Guarantee of Delivery

We do not guarantee that alert notifications will be delivered to your emergency contacts in a timely manner or at all. Notification delivery depends on factors beyond our control, including but not limited to network connectivity, carrier availability, device settings, SMS delivery services, and push notification infrastructure.

7.3 No Guarantee of Response

We have no control over whether or how your emergency contacts will respond to any alerts they receive. The App facilitates communication only and does not provide emergency response services.

Privacy & Data Collection

8.1 Information We Collect

We collect the following information to provide the Service: your name, emergency contact names, phone numbers, device information and push notification tokens, subscription and purchase status, and check-in activity data.

8.2 How We Use Your Information

Your information is used solely to operate the App's core functionality, including sending check-in reminders to you and alert notifications to your designated emergency contacts.

8.3 Third-Party Services

The App uses the following third-party services:

RevenueCat — for subscription and in-app purchase management.
Expo Push Notification Service — for delivering push notifications.
SMS Service Provider — for sending SMS alerts to emergency contacts.

Each third-party service is governed by its own privacy policy and terms of service.

8.4 Privacy Policy

For complete details on how we collect, use, and protect your data, please refer to our Privacy Policy, which is available within the App and on the App Store listing.

Intellectual Property

The App, including its design, features, code, and content, is the intellectual property of this app owner and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF LIFE, PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOSS OF PROFITS, OR ANY OTHER LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP.

YOU ACKNOWLEDGE THAT THE APP IS A SUPPLEMENTARY SAFETY TOOL AND NOT A GUARANTEED LIFE-SAVING DEVICE. THE DEVELOPER IS NOT RESPONSIBLE FOR ANY FAILURE OF THE APP TO DELIVER NOTIFICATIONS OR FOR ANY CONSEQUENCES RESULTING FROM MISSED CHECK-INS, UNDELIVERED ALERTS, OR THE FAILURE OF EMERGENCY CONTACTS TO RESPOND.

IN NO EVENT SHALL THE DEVELOPER'S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Disclaimer of Warranties

THE APP 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification

You agree to indemnify, defend, and hold harmless the Developer from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the App, your violation of these Terms, or your violation of any rights of a third party.

Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without cause and with or without notice. Upon termination, your right to use the App will cease immediately. Sections 7, 10, 11, 12, and 14 shall survive termination.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Australia and the state/territory in which the Developer resides, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or the App shall be resolved in the courts of that jurisdiction.

Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App or by other reasonable means. Your continued use of the App after such changes constitutes your acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Developer regarding the use of the App and supersede all prior agreements and understandings.

Contact Information

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

Email: areualive.contact@gmail.com