Terms of Service

1. Acceptance of Terms

By accessing or using Still Here ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. We may update these Terms from time to time. Material changes will be communicated via email or a notice on our website. Continued use after changes constitutes acceptance.

2. Service Description

Still Here provides scheduled wellness check-ins via email. The Service sends check-in prompts at user-configured intervals. If the user does not respond within a configured escalation window, the Service notifies the user's designated emergency contacts.

The Service does not:

• Contact police, fire departments, ambulances, or any emergency services.
• Monitor health metrics, detect falls, or track medical conditions.
• Guarantee any specific response time or outcome.
• Replace professional caregiving, medical supervision, or assisted living services.

3. User Obligations

You agree to:

• Provide accurate and current registration information, including your email address and timezone.
• Maintain the confidentiality of your account credentials.
• Obtain explicit consent from each emergency contact before listing them. You represent that each contact is aware of and has agreed to their role.
• Keep emergency contact information current. We are not responsible for notifications sent to outdated contact information.
• Use the Service only for its intended purpose. You may not use it for harassment, fraud, or any unlawful activity.
• Be at least 18 years of age.

4. Subscriptions & Payment

4.1 Trial Period

New users receive a 14-day free trial. You may cancel at any time during the trial without charge. We will send a reminder before the trial ends.

4.2 Billing

After the trial, your chosen plan (Solo, Duo, or Family) will auto-renew monthly at the published rate. Payments are processed by Stripe. By subscribing, you authorize recurring charges to your payment method.

4.3 Price Changes

We will notify you of price changes at least 30 days in advance. Continued use after a price change constitutes acceptance of the new rate.

4.4 Cancellation

You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial months, except as required by applicable law.

4.5 Refunds

If you cancel during the 14-day trial, you will not be charged. After the trial, refund requests are evaluated on a case-by-case basis. EU/UK residents have a 14-day statutory right of withdrawal from the date of first payment.

5. Acceptable Use

You may not:

• Use the Service to stalk, harass, or monitor individuals without their knowledge and consent.
• Add emergency contacts who have not explicitly consented.
• Attempt to circumvent rate limits, authentication, or security measures.
• Reverse engineer, scrape, or extract data from the Service.
• Use the Service to send spam or unsolicited messages.

We reserve the right to suspend or terminate accounts that violate these Terms, with or without notice.

6. Limitation of Liability

To the fullest extent permitted by applicable law:

• Still Here and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service.
• We expressly disclaim liability for any harm, injury, or loss resulting from delayed or undelivered check-in prompts, missed responses, or escalation failures, whether caused by technical issues, service interruptions, incorrect user settings, network failures, or any other cause.
• Our total liability for any claim arising from the Service shall not exceed the total fees you paid us in the 12 months preceding the claim.
• This Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, merchantability, and non-infringement.

7. Service Availability

We strive for high availability but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, infrastructure issues, or circumstances beyond our control. We are not liable for damages resulting from service interruptions.

8. Account Termination

You may delete your account at any time. We may suspend or terminate your account for violation of these Terms, fraudulent activity, or non-payment. Upon termination, your data will be handled in accordance with our Privacy Policy.

9. Intellectual Property

The Still Here name, logo, website design, and software code are our intellectual property. You may not use them without our written permission.

10. Third-Party Services

The Service relies on third-party providers including Cloudflare (hosting), Stripe (payments), and MailChannels (email delivery). We are not responsible for the availability or actions of these providers.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Any disputes shall be resolved through binding arbitration in Delaware, except that either party may seek injunctive relief in a court of competent jurisdiction. For EU/UK consumers: nothing in these Terms limits your rights under mandatory consumer protection laws of your country of residence, and you may bring claims in your local courts.

12. Contact

Questions about these Terms? Contact us at hello@soimok.com.