WellnessCheck Terms of Service

Effective Date:** January 20, 2026

Last Updated:** January 20, 2026

1. Agreement to Terms

By downloading, installing, or using WellnessCheck (“the App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

WellnessCheck is developed and operated by Stricklin Development, LLC (“we,” “us,” or “our”), based in San Antonio, Texas.

2. Description of Service

WellnessCheck is a safety monitoring application designed to help people living independently stay connected with designated contacts (“Care Circle”). The App monitors for:

Periods of inactivity on your device
Potential falls (using device motion sensors)
Deviations from your normal activity patterns

When certain thresholds are exceeded and you do not respond to check-in prompts, the App may send SMS alerts to your Care Circle members.

3. THIS IS NOT A MEDICAL DEVICE

IMPORTANT: WellnessCheck is NOT a medical device, emergency response system, or substitute for professional medical care.

The App CANNOT detect medical emergencies, heart attacks, strokes, or other health conditions
The App CANNOT guarantee detection of falls or other incidents
The App does NOT contact 911 or emergency services
The App does NOT replace medical alert systems, Life Alert, or similar services

**WellnessCheck helps people find out sooner—not instantly.*

Response times depend entirely on your settings, your Care Circle members’ availability, and their ability to take action.

If you are experiencing a medical emergency, call 911 immediately.

4. Eligibility

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

5. Account Registration

To use WellnessCheck, you must create an account using a valid email address or Sign in with Apple. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Providing accurate and current information
Notifying us immediately of any unauthorized access

6. Care Circle and Consent

Your Consent

By adding members to your Care Circle, you authorize WellnessCheck to:

Send SMS messages to those individuals on your behalf
Share your name, status information, and location (when applicable) with those individuals during alert situations

Care Circle Member Consent

When you add someone to your Care Circle, you represent that:

You have that person’s permission to add them
They consent to receive SMS messages from WellnessCheck
They understand they may receive urgent messages at any time

You are solely responsible for obtaining appropriate consent from your Care Circle members.

7. SMS Messages and Communications

WellnessCheck uses SMS messaging to:
Send invitations to Care Circle members
Deliver “I’m OK” messages on your behalf

Send alerts when you may need assistance

Standard messaging rates may apply to Care Circle members who receive SMS messages. Message frequency varies based on your settings and alert conditions.

8. Privacy and Data

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy.

Key points:

Health and motion data is processed on your device
We do not sell your personal information
Location is only shared with your Care Circle during alert situations
You can delete your account and data at any time

9. Accuracy and Limitations

Detection Limitations

WellnessCheck uses your iPhone’s sensors to detect activity and potential falls. These methods have inherent limitations:

False positives: The App may detect a “fall” when you dropped your phone or made a sudden movement
False negatives: The App may fail to detect an actual fall or emergency
Requires app to be running: Monitoring only works when the App is active
Battery dependent: If your phone battery dies, monitoring stops
Sensor dependent: Detection accuracy varies by device model and conditions

No Guarantee of Response

We cannot guarantee that:

Alerts will be delivered successfully (SMS delivery depends on carriers and network conditions)
Your Care Circle members will see, read, or respond to alerts
Any particular outcome will result from using the App

10. User Responsibilities

You agree to:

Keep your Care Circle information current
Respond to check-in prompts when you are able
Inform your Care Circle members that they may receive alerts
Not rely on WellnessCheck as your sole safety measure
Use the App in compliance with all applicable laws

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WELLNESSCHECK AND STRICKLIN DEVELOPMENT, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Personal injury or death
Failure to detect an emergency or fall
Delayed or failed alert delivery
Actions or inactions of Care Circle members
Any damages arising from your use or inability to use the App

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You acknowledge that WellnessCheck is a supplemental tool and not a replacement for emergency services, medical care, or human judgment.

12. Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY OF DETECTION
UNINTERRUPTED OR ERROR-FREE OPERATION

13. Indemnification

You agree to indemnify and hold harmless Stricklin Development, LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

Your use of the App
Your violation of these Terms
Your violation of any rights of another person or entity
Any claims by your Care Circle members

14. Modifications to Service

We reserve the right to modify, suspend, or discontinue the App (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

Posting the updated Terms in the App
Updating the “Last Updated” date above
Sending you a notification (for significant changes)

Your continued use of the App after changes become effective constitutes acceptance of the revised Terms.

16. Termination

You may terminate your account at any time by deleting your account through the App settings.

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms or for any other reason at our sole discretion.

Upon termination:

Your right to use the App ceases immediately
Your Care Circle members will no longer receive alerts
We may delete your account data in accordance with our Privacy Policy

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Bexar County, Texas.

18. 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.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Stricklin Development, LLC regarding your use of the App and supersede any prior agreements.

20. Contact Us

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

Stricklin Development, LLC

Email: support@wellnesscheck.dev

Website: https://wellnesscheck.dev

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