Terms of Service

Last updated: August, 2025

1. Agreement to Terms

By accessing or using AlwaysHere's AI companion platform and related services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all users, including caregivers, family members, and care recipients.

2. Description of Service

AlwaysHere provides AI-powered companion services designed to support families caring for neurodivergent individuals and those requiring memory care assistance.

Our Service includes:

Personalized AI companions with voice capabilities
Call recording, transcription, and analysis services
Emotional state monitoring and care insights
Communication facilitation tools
Care analytics and reporting features
Family coordination and support tools

3. User Accounts and Eligibility

3.1 Account Creation

You must provide accurate and complete information when creating an account
You are responsible for maintaining the security of your account credentials
You must notify us immediately of any unauthorized access
One person may not maintain multiple accounts

3.2 Eligibility Requirements

You must be at least 18 years old to create an account
You must have legal authority to consent for care recipients under your supervision
For children under 13, parental consent is required under COPPA
You must be located in a jurisdiction where our Service is legally available

4. Acceptable Use Policy

4.1 Permitted Uses

Providing emotional support and companionship to care recipients
Facilitating communication between family members and caregivers
Monitoring and analyzing care recipient well-being and progress
Coordinating care activities and sharing insights with authorized family members

4.2 Prohibited Activities

Using the Service for any illegal or unauthorized purpose
Attempting to access other users' accounts or data
Reverse engineering, modifying, or creating derivative works of our AI systems
Using automated systems to access the Service without permission
Sharing login credentials or allowing unauthorized access
Uploading malicious code, viruses, or harmful content
Using the Service to harm, harass, or exploit vulnerable individuals
Misrepresenting your identity or relationship to care recipients

5. Medical Disclaimer & Limitations

IMPORTANT MEDICAL DISCLAIMER

AlwaysHere is NOT a medical device, healthcare provider, or substitute for professional medical care. Our AI companions are designed for emotional support and communication assistance only.

5.1 Service Limitations

AI companions cannot provide medical advice, diagnosis, or treatment
Our Service does not replace professional healthcare, therapy, or medical supervision
Emergency situations require immediate contact with emergency services (911)
AI responses may not always be appropriate or accurate
The Service is not suitable for individuals in crisis or requiring immediate intervention

5.2 User Responsibilities

Continue all prescribed medical treatments and professional care
Consult healthcare providers before making care decisions based on our insights
Monitor care recipients and intervene when necessary
Report concerning patterns or behaviors to appropriate professionals
Maintain appropriate supervision of vulnerable individuals

6. Privacy and Data Protection

Your privacy is paramount to us. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

We collect only data necessary to provide personalized care support
Voice recordings and conversations are encrypted and securely stored
You maintain control over your data and can request deletion at any time
We do not sell personal data or use it for advertising purposes
Data sharing is limited to authorized family members and emergency situations

7. Subscription and Payment Terms

7.1 Subscription Plans

Service is provided on a subscription basis with various plan options
Subscription fees are billed in advance and are non-refundable except as required by law
Free trials may be offered with automatic conversion to paid plans
Prices may change with 30 days advance notice to existing subscribers

7.2 Payment and Billing

Payment must be made through approved payment methods
You authorize us to charge your payment method for subscription fees
Failed payments may result in service suspension or termination
Disputed charges must be reported within 60 days
Refunds are provided only in accordance with our refund policy

7.3 Cancellation and Termination

You may cancel your subscription at any time through your account settings
Cancellation takes effect at the end of the current billing period
We may terminate accounts for violation of these Terms with notice when possible
Upon termination, your data will be deleted according to our data retention policy

8. Intellectual Property Rights

8.1 Our Property

All AI algorithms, software, and proprietary technology remain our property
Trademarks, logos, and branding materials are protected intellectual property
You receive a limited license to use the Service, not ownership rights
Machine learning models and training data are proprietary and confidential

8.2 Your Content

You retain ownership of voice recordings and personal content you provide
You grant us license to use your content solely for providing and improving our Service
We may use anonymized, aggregated data for research and development
You represent that you have rights to all content you upload or share

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

Our liability is limited to the amount you paid for the Service in the preceding 12 months
We are not liable for indirect, incidental, or consequential damages
We are not responsible for decisions made based on AI companion interactions
Technology limitations may result in service interruptions or data loss
You assume responsibility for appropriateness of care decisions

9.3 Indemnification

You agree to indemnify and hold AlwaysHere harmless from claims arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

10. Emergency Procedures

EMERGENCY SITUATIONS

AlwaysHere is not an emergency service. In case of medical emergency, mental health crisis, or immediate danger, contact emergency services (911) or your local emergency number immediately.

Emergency Protocols

Our AI companions are programmed to recognize some crisis indicators
Emergency contacts may be notified in specific high-risk situations
We may contact authorities if we detect imminent danger
Users should maintain updated emergency contact information
Professional crisis resources should always be your primary emergency response

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of [State/Country to be specified], without regard to conflict of law principles.

11.2 Dispute Resolution Process

Initial disputes should be addressed through our customer support team
Unresolved disputes may be subject to binding arbitration
Class action lawsuits are waived except where prohibited by law
Injunctive relief may be sought in court for intellectual property matters

12. Changes to Terms

We may modify these Terms at any time to reflect changes in our Service, legal requirements, or business practices. We will provide notice of material changes through:

Email notification to your registered address
Prominent notice in our application interface
Updates posted on our website
30-day notice period for significant changes affecting your rights

Continued use of the Service after changes constitutes acceptance of new Terms.

13. Contact Information

For questions about these Terms of Service, please contact us:

Email: [email protected]

Response Time: We will respond to legal inquiries within 5 business days

Our Commitment to Families

These Terms are designed to protect both AlwaysHere and the families we serve. We are committed to providing a safe, secure, and beneficial service while respecting your rights and maintaining transparency about our capabilities and limitations. If you have concerns about any aspect of our Service, please don't hesitate to contact us.