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Terms & Conditions

Effective Date: July 5, 2026  |  Last Updated: July 5, 2026

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and WellAlert, operated from British Columbia, Canada ("WellAlert," "we," "us," or "our"), governing your access to and use of the WellAlert mobile application, website, and related services (collectively, the "Service"). By creating an account, downloading the app, or otherwise using the Service, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility & Account Registration

You must be at least 18 years old — or the age of majority in your province, territory, or state of residence, whichever is greater — to use the Service. The Service is not intended for, and may not be used by, anyone under 18. By using the Service you represent and warrant that:

• You meet the minimum age requirement above.
• You have the legal capacity to enter into these Terms.
• All registration information you provide is accurate, current, and complete.
• You will maintain the accuracy of your information and promptly update it as needed.
• You will safeguard your account credentials and not share them with third parties.
• You will immediately notify us at damione@gmail.com of any unauthorized use of your account.

We reserve the right to suspend or terminate any account that we reasonably believe was created with false information, by an underage user, or is being used fraudulently.

2. Description of Service

WellAlert is a personal wellness and safety check-in application that allows users to:

• Set scheduled check-in alarms that prompt you to confirm your safe status within a configurable response window.
• Record wellness check-in entries including mood scores, notes, and optional photo, video, or voice-memo attachments (media attachments are stored on your device).
• Designate emergency contacts (your "care circle") who may be notified — by push notification, in-app alert, email, and, where enabled, SMS text message — if a check-in is missed or an alert is triggered.
• Trigger a manual emergency SOS alert to your designated contacts at any time.
• Optionally share your device's location, including live location updates, with care-circle contacts you select, and view the shared locations of contacts who share with you on an in-app map.
• Send test alerts to verify your alert configuration.
• View activity logs, wellness history, and the wellness status of contacts who share it with you.

The Service is intended as a supplemental personal safety tool only. It is not a medical device, a crisis hotline, a monitoring service, or a licensed healthcare service, and it does not contact emergency services on your behalf.

3. Critical Safety Disclaimer

• Always inform your emergency contacts in advance that they have been designated and what their responsibilities are.
• Use the built-in test alert feature regularly to confirm the Service functions as expected on your device and that your contacts actually receive alerts.
• Do not rely solely on WellAlert in situations involving immediate risk to life.
• Maintain alternative safety plans that do not depend on WellAlert.
• Understand that shared location data may be delayed, imprecise, or unavailable and must never be treated as a real-time rescue tool.

4. Emergency Contact Consent & Responsibilities

When you designate another person as an emergency contact, you represent and warrant that:

• You have obtained the express prior consent of that person before designating them.
• You have informed them of the nature of the notifications they may receive — including push notifications, in-app alerts, emails, and (where enabled) SMS text messages — and the actions they are expected to take.
• The contact information you provide is accurate and belongs to the intended person.

Emergency contacts do not need to install WellAlert to receive email or SMS alerts. If a person you designate does not wish to receive alerts, they may decline your request, use any opt-out mechanism included in the messages they receive, or contact us to have their details removed. You acknowledge that WellAlert has no control over and bears no responsibility for the actions or inactions of any emergency contact. Emergency contacts who register with WellAlert and accept a contact request agree to be subject to these Terms with respect to their use of the Service.

5. Location Sharing

Location sharing is optional and off by default. If you enable it:

• Your device's location — which may include precise, continuously updated ("live") location — is shared only with the care-circle contacts you select, for the purposes and durations you configure, and may be included in emergency and SOS alerts sent to those contacts.
• You may stop sharing at any time in the app's settings or by revoking location permission in iOS Settings.
• Location accuracy and freshness depend on your device, GPS signal, network conditions, and iOS background execution limits. Shared locations may be outdated or unavailable at any given moment.
• You must not use the Service to track any person without their knowledge and consent. Viewing a contact's location is possible only where that contact has chosen to share it.

6. User Conduct & Prohibited Uses

You agree not to use the Service to:

• Harass, stalk, threaten, surveil, or intimidate any person, including by designating unwilling individuals as emergency contacts or misusing location-sharing features.
• Transmit false distress signals, fake wellness check-in failures, or fraudulent alerts.
• Upload unlawful, harmful, defamatory, obscene, or infringing content as part of wellness entries or profile information.
• Interfere with or disrupt the integrity or performance of the Service or any related systems.
• Attempt to gain unauthorized access to any portion of the Service or its underlying infrastructure.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the app.
• Use the Service for any commercial purpose without our express prior written consent.
• Violate any applicable local, provincial, state, national, or international law or regulation.

7. Subscription Plans & Payments

7.1 Free Tier

The Free tier grants access to a limited feature set including up to two (2) check-in alarms and up to three (3) emergency contacts.

7.2 Premium Tier

The Premium tier grants access to unlimited check-in alarms, up to twenty-five (25) emergency contacts, and additional enhanced features as described in the app at the time of purchase. Premium access may be offered via in-app subscription or promotional access.

7.3 Billing & Cancellation

• All subscription fees are billed in advance and are non-refundable except as required by applicable law or as explicitly stated at the time of purchase.
• Subscriptions are processed by the Apple App Store and are subject to Apple's payment terms and refund policies. We do not receive or store your payment card details.
• You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period; no partial refunds are issued except where required by law.
• We reserve the right to change subscription prices with at least thirty (30) days' notice. Continued use of the Service after a price change constitutes acceptance of the new price.

7.4 Free Trial

Where a free trial is offered, it will automatically convert to a paid subscription unless cancelled before the trial ends. You are responsible for cancelling prior to the end of the trial to avoid charges.

7.5 Feature Limits May Change

Tier limits and included features are described in the app and may change over time. Where a change materially reduces what your active paid subscription includes, we will provide notice and, where required by law, a proportionate remedy.

8. Intellectual Property

The Service and all content, features, functionality, logos, trademarks, and technology included therein ("WellAlert IP") are owned by or licensed to WellAlert and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Service for your personal, non-commercial purposes in accordance with these Terms. You obtain no ownership interest in any WellAlert IP.

You retain all ownership rights in wellness entries, notes, and media you create and upload. By submitting content to the Service, you grant WellAlert a worldwide, royalty-free, sublicensable licence to store, process, and transmit that content solely to the extent necessary to provide the Service to you.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference and describes — among other things — how location data, wellness data, and your emergency contacts' information are collected, used, and shared. Please review the Privacy Policy carefully before using the Service.

10. Third-Party Services

The Service integrates with or depends on third-party services including:

• Supabase: Cloud database, authentication, file storage, and serverless function infrastructure. Your data is transmitted to and stored on Supabase-managed servers in the United States. Use is subject to Supabase's terms.
• Apple Sign In / Apple Push Notification Service (APNs) / App Store: Authentication, notification delivery, and subscription payment processing. Subject to Apple's terms.
• Twilio: SMS text message delivery for emergency and escalation alerts, where SMS alerting is enabled.
• Resend: Email delivery for emergency alerts, escalation notices, and contact invitations.
• RevenueCat: Subscription entitlement management.

We are not responsible for the availability, accuracy, or practices of any third-party service. Third-party services may have their own terms and privacy policies, which you are independently responsible for reviewing.

11. Disclaimers of Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WELLALERT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT.
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY ALERT, NOTIFICATION, OR LOCATION DATA.
• ANY WARRANTY THAT THE SERVICE WILL PREVENT HARM, INJURY, OR DEATH.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WELLALERT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR COVER DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Personal injury, bodily harm, or death arising from your use of or inability to use the Service.
• Failure or delay of any alert, notification, escalation, or location update.
• Loss of data, profits, revenue, goodwill, or business.
• Actions or inactions of any emergency contact.
• Unauthorized access to or alteration of your data.

IN NO EVENT SHALL WELLALERT'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO WELLALERT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY CANADIAN DOLLARS (CAD $50).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including any non-waivable rights or remedies you may have under the Business Practices and Consumer Protection Act (British Columbia) or other applicable consumer protection legislation. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless WellAlert and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right — including designating an emergency contact or sharing another person's information without their consent; (d) your User-generated content; or (e) any claim that content you submitted caused damage to a third party.

14. Termination

We reserve the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms. You may delete your account at any time through the in-app settings. Upon termination:

• Your licence to use the Service immediately ends and scheduled alarms and alerts will stop functioning.
• We may retain certain data as described in the Privacy Policy or as required by law.
• No refund will be issued for any unused portion of a paid subscription unless required by applicable law.

Sections 3, 8, 11, 12, 13, 15, and 16 shall survive any termination of these Terms.

15. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Informal Resolution: Before initiating any formal proceeding, you agree to contact us at damione@gmail.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Courts: Subject to the paragraph below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be brought exclusively in the courts of British Columbia, sitting in Vancouver, and you and WellAlert each irrevocably attorn to the jurisdiction of those courts. To the extent permitted by applicable law, each party agrees that claims will be brought on an individual basis only and not as a plaintiff or class member in any purported class or representative proceeding.

Consumer Rights Preserved: Nothing in this section limits any non-waivable right you may have under applicable consumer protection law — including the Business Practices and Consumer Protection Act (British Columbia) — to bring a claim before a court or tribunal of competent jurisdiction in your place of residence, or to participate in a class proceeding where that right cannot lawfully be waived.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date above and provide at least fourteen (14) days' advance notice through the app or via email. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service and delete your account.

17. Apple App Store Additional Terms

If you download the app from the Apple App Store, the following additional terms apply:

• These Terms are between you and WellAlert only, not Apple. Apple has no obligation to furnish maintenance or support for the app.
• Apple is not responsible for any product warranties, whether express or implied by law.
• Apple is not responsible for addressing any claims you or any third party have relating to the app or your possession and/or use of the app.
• In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• You must comply with applicable third-party terms of service when using the app (e.g., your wireless data agreement).

18. Miscellaneous

• Entire Agreement: These Terms (together with the Privacy Policy) constitute the entire agreement between you and WellAlert with respect to the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• No 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 or transfer these Terms or any of your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including to a corporate entity formed to operate the Service.
• Force Majeure: WellAlert shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, acts of government, Internet outages, or third-party service failures.
• Language: The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que ces conditions et tous les documents connexes soient rédigés en anglais.

19. Contact Us

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

WellAlert
British Columbia, Canada
Email: damione@gmail.com
Website: wellalerapp.com