Terms of Service

3.1 Overview

The Service is designed to facilitate routine check-ins with elderly family members and is not intended to replace professional medical, emergency, or care services.

3.2 Core Features

Subject to an active Premium Subscription (or Free Trial), the Service provides:

• Care Recipient Management: Register and manage up to two (2) Care Recipients, including name, phone number, relationship, timezone, and language preferences.
• Automated Check-up Scheduling: Configure up to two (2) recurring check-up schedules per Care Recipient, delivered via SMS or voice call at specified times and days.
• Dashboard and History: View a timeline of check-in history, response status, and Care Recipient activity.
• Push Notifications: Receive notifications when a Care Recipient responds to a check-in.
• Custom Voice Messages: Upload custom MP3 audio files for use in voice call check-ins (Premium feature).
• Bilingual Support: English (en-US) and Korean (ko-KR) interface and communication support.

3.3 Third-Party Services

The App relies on third-party services including Supabase (authentication and database), Twilio (SMS and voice calls), Amazon Polly (text-to-speech), Firebase (push notifications and analytics), RevenueCat (subscription management), and Google/Apple (social authentication). You acknowledge that the availability and performance of the Service depend in part on these third-party providers.

3.4 Service Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control.

4.1 Automated Communications

By using the Service to register a Care Recipient and configure check-up schedules, you acknowledge and consent to the following:

• (a) The Service will send automated SMS messages and/or place automated voice calls to the phone numbers you provide for your Care Recipients, at the times and frequencies you configure.
• (b) Standard messaging and calling rates from the Care Recipient's carrier may apply. You are responsible for informing the Care Recipient that they may incur charges.
• (c) Voice calls may include a recorded announcement informing the Care Recipient that their voice response will be recorded.

4.2 Caregiver Consent for Recipient Enrollment

When registering a Care Recipient, you must confirm via an in-app checkbox that:

• (a) You have the authority and permission to enroll the Care Recipient for automated SMS and voice call communications.
• (b) You have informed the Care Recipient about the nature and frequency of the communications they will receive.
• (c) The Care Recipient has agreed to participate in the automated check-in system.

4.3 Recipient Verification and Consent

Before automated check-ins can be activated, the Care Recipient must complete a phone-based verification process by answering a verification call and entering a four (4) digit code using their telephone keypad (DTMF input). This verification serves as explicit consent from the Care Recipient to participate in the automated check-in system.

4.4 Opt-Out Mechanisms

Care Recipients may opt out of automated communications at any time:

• (a) SMS Opt-Out: The Care Recipient may reply STOP to any SMS message received from the Service. Replying START or UNSTOP will re-enable SMS communications.
• (b) Voice Call Opt-Out: The Care Recipient may request to stop receiving automated calls. The Caregiver may also deactivate any voice call schedule through the App.
• (c) Caregiver-Initiated Opt-Out: The Caregiver may deactivate or delete any check-up schedule or remove a Care Recipient from the Service at any time.

4.5 Service Communications to Caregivers

By creating an account, you consent to receive transactional communications from us related to your account and the Service, including push notifications regarding Care Recipient responses, account security alerts, and service updates. You may manage push notification preferences through your device's operating system settings.

5.1 Account Creation

To use the Service, you must create an account using Google Sign-In or Apple Sign-In. Account creation constitutes your acceptance of these Terms and our Privacy Policy.

5.2 Account Accuracy

You agree to provide accurate, current, and complete information during account creation and to keep your account information up to date.

5.3 Account Security

You are solely responsible for maintaining the security of your account, including the security of the device(s) and authentication credentials used to access the Service. You agree to notify us immediately at admin@slothlab.app if you become aware of any unauthorized access.

5.4 Account Linking

If you authenticate using multiple methods with the same verified email address, those authentications may be linked to a single account. If you use Apple's "Hide My Email" feature, a separate account will be created.

5.5 One Account Per User

Each individual may maintain only one (1) active account. Creating multiple accounts to circumvent subscription limits, free trial restrictions, or usage limitations is a violation of these Terms.

6.1 Premium Subscription Required

Following the expiration of the Free Trial period, an active Premium Subscription is required to use the Service's core features, including creating Care Recipients and configuring check-up schedules.

6.2 Subscription Plans

Available plans: Monthly ($5.99 USD/month, billed monthly) and Annual ($59.99 USD/year, billed annually). Prices may vary based on your region and applicable taxes. The Company reserves the right to modify subscription pricing with reasonable advance notice.

6.3 Billing and Payment

All subscription payments are processed through the Apple App Store or Google Play Store via RevenueCat. You agree to the payment terms of the applicable platform.

6.4 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel at least twenty-four (24) hours before the end of the current period. You may manage your subscription through your device's account settings.

6.5 Cancellation and Refunds

You may cancel your subscription at any time through your device's account settings. Upon cancellation:

• (a) Your Premium access will continue until the end of the current paid billing period.
• (b) No partial refunds will be issued for unused portions of a billing period.
• (c) After your subscription expires, your account will revert to the free tier. Existing data will remain accessible in read-only mode.

6.6 Subscription Limits

Premium Subscribers are subject to the following usage limits:

• Care Recipients: Up to two (2) active Care Recipients per account.
• Schedules: Up to two (2) active check-up schedules per Care Recipient.
• Voice Recordings: Retained for up to ninety (90) days.
• Custom Voice (MP3): Available to Premium Subscribers only.

7.1 Trial Period

New Users are eligible for a one-time, seven (7) day free trial of the Premium Subscription. During the Free Trial, you will have access to all Premium features at no cost.

7.2 Trial Activation

The Free Trial is activated upon your first subscription enrollment through the Apple App Store or Google Play Store. Trial eligibility is limited to one trial per user and per device.

7.3 Trial Expiration

At the end of the seven (7) day Free Trial:

• (a) If you have not cancelled, your subscription will automatically convert to a paid Premium Subscription.
• (b) If you cancel before the trial ends, you will lose access to Premium features upon trial expiration.

7.4 No Trial Abuse

Attempts to obtain multiple free trials through the creation of multiple accounts, device resets, or other means constitute a violation of these Terms and may result in account termination.

8.1 Company Ownership

The App, including all software, code, algorithms, designs, user interface elements, trademarks, logos, and documentation, is and remains the exclusive property of Sloth Lab Inc. or its licensors.

8.2 Limited License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial use.

8.3 User Content

You retain ownership of any Content you upload or submit through the Service. By uploading Content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit such Content solely for operating the Service.

8.4 Feedback

If you provide suggestions, ideas, or feedback regarding the Service, you acknowledge that such Feedback is non-confidential and the Company may use it without any obligation or compensation to you.

10.1 Privacy Policy

Our Privacy Policy describes how we collect, use, store, share, and protect your personal information. By using the Service, you consent to the collection and use of your data as described in the Privacy Policy.

10.2 Data Collection Summary

In the course of providing the Service, we collect Caregiver Data (email, display name, device token, preferences, subscription status), Care Recipient Data (name, phone number, consent records, voice recordings, call/SMS logs), and Automatically Collected Data (app usage analytics, error and crash logs).

10.3 Third-Party Data Sharing

Personal data is shared with third-party service providers solely for operating and delivering the Service. We do not sell your personal data to any third party.

10.4 Data Retention

Voice recordings are retained for up to ninety (90) days (Premium) and automatically deleted thereafter. Account data is retained until you request account deletion. Analytics data is retained in aggregated, anonymized form.

11.1 Not a Life-Safety Service

THE SERVICE IS NOT DESIGNED, INTENDED, OR CERTIFIED FOR USE AS AN EMERGENCY SERVICE, MEDICAL MONITORING SYSTEM, PERSONAL EMERGENCY RESPONSE SYSTEM (PERS), LIFE-SAFETY SYSTEM, OR SUBSTITUTE FOR PROFESSIONAL HEALTHCARE OR EMERGENCY SERVICES. THE SERVICE IS A COMMUNICATION CONVENIENCE TOOL THAT FACILITATES ROUTINE CHECK-INS BETWEEN CAREGIVERS AND THEIR CARE RECIPIENTS. YOU MUST NOT RELY ON THE SERVICE AS YOUR SOLE OR PRIMARY MEANS OF ENSURING THE HEALTH, SAFETY, OR WELL-BEING OF ANY CARE RECIPIENT.

11.2 No Delivery Guarantee

THE COMPANY DOES NOT GUARANTEE THE DELIVERY, TIMELINESS, OR RECEIPT OF ANY SMS MESSAGE OR VOICE CALL SENT THROUGH THE SERVICE. AUTOMATED COMMUNICATIONS MAY FAIL DUE TO THIRD-PARTY SERVICE OUTAGES, CARRIER ISSUES, THE CARE RECIPIENT'S PHONE BEING UNAVAILABLE, CARRIER-LEVEL FILTERING, SCHEDULED OR UNSCHEDULED INFRASTRUCTURE DOWNTIME, NETWORK ISSUES, OR FORCE MAJEURE EVENTS.

11.3 Assumption of Duty of Care

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS A SUPPLEMENTARY COMMUNICATION TOOL AND DOES NOT TRANSFER, DELEGATE, OR REDUCE ANY DUTY OF CARE THAT YOU MAY OWE TO YOUR CARE RECIPIENT. YOU RETAIN FULL AND SOLE RESPONSIBILITY FOR THE HEALTH, SAFETY, AND WELFARE OF YOUR CARE RECIPIENTS.

11.4 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLOTH LAB INC. SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR EMOTIONAL DISTRESS DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

11.5 Liability Cap

THE COMPANY'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (a) FIFTY CANADIAN DOLLARS (CAD $50.00); OR (b) THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO THE COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.6 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.7 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13.1 Termination by You

You may terminate your account at any time by cancelling your subscription through the Apple App Store or Google Play Store, or by requesting account deletion through the App (Settings > Account > Delete Account) or by contacting admin@slothlab.app.

13.2 Termination by the Company

The Company reserves the right to suspend or terminate your account, with or without notice, for violation of these Terms, fraudulent or unlawful activity, sending communications to opted-out Care Recipients, non-payment of subscription fees, or extended inactivity.

13.3 Effect of Termination

Upon termination, your license to use the App immediately terminates, all active check-up schedules will be deactivated, and your data will be deleted in accordance with our Privacy Policy. Sections 8, 9, 11, 12, 14, and 16 shall survive termination.

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at admin@slothlab.app and attempt to resolve the dispute informally for a period of at least thirty (30) days.

14.2 Binding Arbitration

If a dispute cannot be resolved informally, you and the Company agree that any dispute shall be resolved through binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted by a single arbitrator, in English, with the seat in San Francisco, California.

14.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Small Claims Court

Either party may bring an individual claim in small claims court if the claim falls within the court's jurisdictional limits.

14.5 Equitable Relief

Nothing in this Section shall prevent the Company from seeking injunctive or other equitable relief to prevent the actual or threatened infringement of the Company's intellectual property rights.

15.1 Right to Modify

The Company reserves the right to modify, amend, or update these Terms at any time at its sole discretion.

15.2 Notice of Changes

For material changes, we will provide notice through a prominent notice within the App, a push notification (if enabled), or an email to the address associated with your account.

15.3 Acceptance of Changes

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree, you must discontinue use of the Service.

16.1 Governing Law

These Terms shall be governed by the laws of the State of California, United States, without regard to conflict of law principles.

16.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.4 Waiver

The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.5 Assignment

You may not assign or transfer these Terms without the prior written consent of the Company. The Company may assign these Terms without restriction.

16.6 Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including natural disasters, pandemics, government actions, or telecommunications failures.

16.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Care Recipients are not parties to these Terms.

16.8 Notices

All notices to the Company should be sent to admin@slothlab.app. Notices to you will be sent to the email address associated with your account or delivered through the App.

16.9 Headings

The section headings in these Terms are for convenience only and shall not affect interpretation.

16.10 Language

These Terms are drafted in the English language. If translated, the English language version shall prevail in the event of any conflict.