1. Introduction and Acceptance

These Mobile Messaging Terms of Service (“Terms”) govern your use of the text-based check-in service provided by Loved One Check In (“We,” “Us,” or “Our”). By opting into and participating in any of our mobile messaging programs (the “Service”), you agree to these Terms and our [Link to Privacy Policy]. These Terms are limited to the Service and do not modify other Terms of Use or the Privacy Policy that may govern the relationship between you and Us in other contexts.

2. Program Description

The Loved One Check In service is designed to send automated, non-promotional text messages (SMS/MMS) to the designated loved one(s) phone number(s) provided by the Account Holder (“You”) to confirm their safety and well-being.

  • Messages Sent To: Your designated loved one(s).
  • Alert Messages Sent To: You, the Account Holder, in the event the loved one fails to respond to a scheduled check-in.

3. Consent to Receive Messages

By creating an account and enrolling a loved one’s phone number in the Service, You expressly confirm and warrant that you have obtained the prior, verifiable, express consent of the owner and primary user of that mobile phone number to receive automated text messages from Loved One Check In.

By agreeing to these Terms, you consent to receive:

  • Automated, recurring text messages to the designated loved one’s number for the purpose of the scheduled safety check-in.
  • Alert text messages to your (the Account Holder’s) number in the event of a non-response from the designated loved one.

4. Cost and Carrier Liability

  • Message and Data Rates May Apply: Message and data rates may apply for any messages sent to you from Us and to Us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.
  • Carrier Liability: Carriers, such as AT&T, T-Mobile, Verizon, and others, are not liable for delayed or undelivered messages.

5. Message Frequency

The frequency of automated check-in messages will be determined by the schedule you set within your Loved One Check In account. Alert messages sent to the Account Holder will be sent only when a loved one fails to respond to a check-in message.

6. Opt-Out and Termination

A. Loved One Opt-Out

The designated loved one can cancel the text message check-in service at any time by replying with the keyword STOP to the check-in message they receive.

  • After replying STOP, the loved one will receive a final SMS message confirming they have been unsubscribed. After this, they will no longer receive check-in messages from us.
  • If the loved one wishes to restart the service, the Account Holder must re-enroll their number via the Loved One Check In application or website.

B. Account Holder Opt-Out

The Account Holder can stop all service and alerts by:

  • Canceling the subscription and removing all enrolled phone numbers via the account management page on our website.
  • Replying STOP ALL to any alert message received on their personal phone.

7. Support and Help

If you are experiencing any issues with the Service or need assistance, you can:

  • Reply with the keyword HELP to any message (Note: this is only functional on the Account Holder’s alert messages, not the loved one’s check-in messages).
  • Contact us directly at: [Insert Your Support Email Address] or [Insert Your Toll-Free Support Phone Number].

8. User Responsibilities and Indemnity

You, the Account Holder, agree to use the Service only for its intended purpose and in full compliance with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (“TCPA”). You agree to indemnify, defend, and hold harmless Loved One Check In and its agents from any liability, claims, costs, or expenses (including reasonable attorney’s fees) arising from any unauthorized or non-compliant use of the Service, particularly claims arising from your failure to obtain proper consent before enrolling a phone number.

9. Disclaimer of Warranty and Limitation of Liability

  • Disclaimer: The Service is provided on an “as-is” and “as-available” basis. We do not warrant that the Service will be uninterrupted, error-free, or entirely secure. The check-in service is a tool for reassurance and is not a substitute for emergency services.
  • Limitation of Liability: In no event shall Loved One Check In, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Insert Your State/Country], without regard to its conflict of law provisions.

11. Changes to Terms

We reserve the right to revise these Terms at any time. We will notify you of any changes by posting the new Terms on this page. Your continued use of the Service after the revised Terms have been posted constitutes your acceptance of the changes.