Terms and Conditions

1. Acceptance of Terms

By accessing or using the Are You Alive? application and website at areualive.app (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Are You Alive? is a daily check-in application designed to help users stay accountable and keep their loved ones informed about their well-being. The Service includes:

• Daily check-in functionality
• Friend system for viewing check-in status
• Emergency contact notifications
• Streak tracking and gamification features
• Push notifications

Important: Are You Alive? is NOT an emergency response service. It is not a substitute for calling emergency services (911 or local equivalent) in case of an actual emergency.

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

You must be at least 13 years old to create an account. If you are under 18, you must have parental or guardian consent.

4. User Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to the Service
• Create multiple accounts for abusive purposes
• Use automated systems to access the Service without permission
• Upload malicious code or content

5. Content

You retain ownership of content you submit to the Service (profile information, avatar images). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and transmit that content as necessary to operate the Service.

You are responsible for ensuring your content does not violate any third-party rights or applicable laws.

6. Emergency Contact Notifications

If you configure emergency contacts and fail to check in for your specified duration (1-3 days), the Service will automatically send email notifications to those contacts. You:

• Confirm you have permission to provide those email addresses
• Accept responsibility for informing your emergency contacts about this feature
• Understand that we cannot guarantee email delivery

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The Service will be uninterrupted or error-free
• Notifications will always be delivered successfully
• The Service will meet your specific requirements
• The Service is suitable for emergency response purposes

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE YOU ALIVE? SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, or consequential damages
• Loss of data, revenue, or profits
• Any issues arising from failed notifications or check-ins
• Any actions taken or not taken based on the Service

Our total liability shall not exceed the amount you paid us in the twelve months preceding the claim, or $100, whichever is greater.

9. Indemnification

You agree to indemnify and hold harmless Are You Alive?, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party

10. Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms. You may delete your account at any time through the app settings.

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination will remain in effect.

11. Changes to Terms

We may update these Terms from time to time. We will notify users of material changes by posting notice on the Service or sending an email. Continued use of the Service after changes constitutes acceptance of the new Terms.

12. Governing Law

These Terms are governed by the laws of the jurisdiction in which Are You Alive? operates, without regard to conflict of law principles. Any disputes shall be resolved in the courts of that jurisdiction.

14. Comprehensive User Account Responsibilities

When you create an account with **Are You Alive?**, you are entering into a partnership of safety. This partnership requires your active participation and honesty. You represent and warrant that all information provided during the registration process is accurate and that you will keep it updated.

Furthermore, you are solely responsible for the activity that occurs on your account. You must protect your account credentials with the same level of care you'd use for your primary email or banking information. We recommend using a unique, complex password through a reputable password manager.

14.1 Security of Your "Safety Circle"

You are responsible for ensuring that the people you add as "Friends" or "Emergency Contacts" are individuals you trust and who have explicitly consented to receive notifications from our system. Misuse of the contact system to harass or stalk individuals is a material breach of these Terms.

15. Specific Use Cases and Prohibited Conduct

Our Service is designed for personal safety and wellness. Any use of the Service for commercial surveillance, corporate tracking of employees without their explicit and voluntary consent, or any form of domestic abuse or control is strictly prohibited.

We reserve the right to audit account activity (in a manner that respects our Privacy Policy) to ensure compliance with these conduct standards. If we have reasonable grounds to believe the Service is being used for harm, we will terminate the account immediately and, if necessary, cooperate with law enforcement.

16. Intellectual Property and License Grants

The **Are You Alive?** name, logo, source code, and design are the exclusive property of our company. We grant you a limited, non-transferable, revocable license to use our mobile application and website for its intended purpose. You may not reverse engineer, decompile, or attempt to derive the source code of the Service.

Any feedback or suggestions you provide to us regarding the Service are given voluntarily. We are free to use such feedback for any purpose without any obligation to you.

17. Emergency Notification Protocols and Limitations

It is vital that you understand exactly how our notification system works. When you miss a check-in, our servers wait for the duration of your "Escalation Delay" before sending a notification.

• **Email Delivery:** Email is a "best effort" communication protocol. We cannot guarantee that an email will not be blocked by a spam filter, delayed by a server, or missed by the recipient.
• **Service Outages:** While we aim for 99.9% uptime, we cannot guarantee constant availability. Internet outages, cloud provider failures, or maintenance windows could delay or prevent notifications.
• **Hardware Dependence:** If your phone runs out of battery, loses internet connection, or is damaged, you will not be able to check in. Our system will treat this as a missed check-in.

18. Disclaimer of Warranties: The "As-Is" Nature of Safety

SAFETY IS COMPLEX. NO TECHNOLOGY CAN GUARANTEE YOUR WELL-BEING. We provide a tool that facilitates communication, but we do not provide safety itself. You use the Service at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

19. Limitation of Liability: Deep-Dive on Risk Allocation

This section is critical to our ability to provide the Service for free or at a low cost. By using the Service, you agree that **Are You Alive?** is not responsible for any physical harm, psychological distress, or financial loss that may occur even if the Service fails to function as expected.

In no event shall our total liability for all damages, losses, and causes of action exceed the greater of $100 or the amount you paid us in the previous 12 months. This limitation applies regardless of the theory of liability (contract, tort, or otherwise).

20. Indemnification and Dispute Resolution

You agree to defend, indemnify, and hold us harmless from any claims arising out of your misuse of the Service or your violation of these Terms.

Any disputes arising out of these Terms shall be resolved through binding arbitration in our primary jurisdiction, rather than in court. This means you waive your right to a jury trial and your right to participate in a class action lawsuit.

21. Contact Our Legal Team

For further clarification on these Terms, or to report a violation, please contact **[email protected]**.