Terms of Service

1. Introduction

Welcome to AliveGuardian. These Terms of Service ("Terms") govern your use of our website, applications, and services (collectively, the "Service") operated by AliveGuardian ("we", "us", or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

2. Service Description

AliveGuardian is a digital legacy and well-being monitoring service that allows you to:

• Securely store encrypted documents for delivery to designated contacts
• Designate trusted contacts to be notified if you become unresponsive
• Set up automated check-in systems via mobile app, email, or manual confirmation
• Use notification-only mode to alert contacts without sharing any documents

The Service includes mobile applications for Android and iOS that enable automatic status verification through phone usage detection (Android) and silent push notifications (iOS). These features require the installation of our mobile application and, on Android, the granting of Usage Access permission by the user.

3. User Accounts

To use certain features of the Service, you must create an account. You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account.

You must be at least 18 years old to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5. Encryption & Security

All documents stored on AliveGuardian are encrypted using AES-256-GCM encryption. Each document is encrypted with a unique Data Encryption Key (DEK), which is then wrapped using your public key.

We employ a zero-knowledge architecture: your encryption keys are never stored on our servers in a form that would allow us to decrypt your documents. Only you and your designated contacts can access the decrypted content.

6. Document Delivery & Contact Notification

Documents will be delivered to your designated contacts only after our system determines, through multiple verification methods, that you are no longer able to check in. This includes configurable grace periods and multiple contact attempts across email, push notifications, and in-app prompts.

You understand and accept that the delivery of documents and notifications depends on the accuracy of the contact information you provide, the responsiveness of your designated contacts, and the availability of third-party communication services (email providers, push notification services).

If you have not shared any documents, your verified contacts will still be notified of your unresponsive status (notification-only mode). This notification encourages contacts to check on your well-being but does not constitute an emergency service.

7. User Responsibilities

• Regularly check in according to your configured schedule to prevent premature document delivery
• Keep your contact information and your contacts' information up to date
• Ensure your designated contacts are aware they may receive documents from you
• Not use the Service for any illegal purposes or to store illegal content
• Not attempt to circumvent any security measures of the Service

8. Mobile Application & Automatic Check-ins

The AliveGuardian mobile applications for Android and iOS provide automatic check-in capabilities designed to reduce the need for manual interaction.

On Android, the application uses the system's Usage Access permission (UsageStatsManager) to detect whether the device has been used within the last 24 hours. If device activity is detected, an automatic check-in is performed. This feature requires the user to explicitly grant Usage Access permission in the device settings. We do not collect, store, or transmit information about which applications you use — we only check whether any activity has occurred.

On iOS, the application relies on silent push notifications sent periodically by our servers. When the device receives and processes the notification, an automatic check-in is performed. The delivery and processing of these notifications depends on Apple's push notification service (APNs), device connectivity, battery level, and iOS power management policies. We cannot guarantee that every silent notification will be delivered or processed.

You acknowledge and accept that automatic check-ins may fail due to factors beyond our control, including but not limited to: device being powered off, airplane mode, poor network connectivity, operating system restrictions on background activity, battery saving modes, manufacturer-specific app management (e.g., Huawei, Xiaomi battery optimization), push notification service outages, or changes to mobile operating system policies.

Automatic check-ins are provided as a convenience feature and do not replace your responsibility to ensure your check-in schedule is maintained. We recommend enabling email notifications as a backup method.

9. Subscription & Payments

AliveGuardian offers both free and premium subscription plans. Premium features require a paid subscription.

Payments are processed securely through our authorized payment provider. By subscribing to a premium plan, you authorize us to charge your payment method on a recurring basis until you cancel.

Subscription fees are non-refundable except as required by applicable law or as explicitly stated in these Terms. For details, please see our Refund Policy.

10. Right of Withdrawal (EU Consumers)

If you are a consumer in the European Union, you have the right to withdraw from your subscription within 14 days of purchase without giving any reason.

To exercise this right, you must inform us of your decision by email to [email protected]. If you have already used the Service during the withdrawal period, you may be required to pay a proportionate amount for the services received.

11. Limitation of Liability & Disclaimers

To the maximum extent permitted by law, AliveGuardian shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim. Nothing in these Terms excludes or limits our liability for death, personal injury, or fraud caused by our negligence.

AliveGuardian is NOT an emergency service. We do not monitor your physical health, location, or safety in real time. The Service relies on periodic automated checks and cannot detect emergencies as they occur.

We are not responsible for failures in document delivery or contact notification caused by: (a) incorrect or outdated contact information provided by you; (b) failures in third-party services including email delivery providers, push notification services (Apple APNs, Google FCM), or internet service providers; (c) mobile device settings, restrictions, or malfunctions that prevent automatic check-ins from functioning; (d) mobile operating system updates or policy changes that affect background processing or notification delivery; (e) contacts who fail to read, respond to, or act upon notifications they receive.

We are not responsible for any consequences arising from premature document delivery caused by: (a) failure to check in due to travel, illness, or lack of internet access; (b) mobile device being lost, stolen, damaged, or powered off; (c) failure of automatic check-in features due to device-specific battery optimization, manufacturer restrictions, or operating system limitations.

We are not responsible for any consequences arising from delayed or failed notifications, including situations where a user becomes incapacitated and contacts are not notified in a timely manner due to technical failures beyond our reasonable control.

The notification-only feature is provided as a courtesy service to alert your contacts. It does not constitute a welfare check service, emergency alert system, or medical monitoring service. Contacts are encouraged but not obligated to act upon notifications received.

12. Account Termination

You may terminate your account at any time through the account settings. Upon termination, your encrypted data will be permanently deleted within 30 days.

We may suspend or terminate your account if you violate these Terms or if required by law. In such cases, we will provide notice and an opportunity to export your data where reasonably possible.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

14. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the European Union and the member state where our company is established, without regard to conflict of law provisions.

For EU consumers, any disputes shall be resolved in the courts of your country of residence. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

15. Contact Information

For any questions about these Terms or our Service, please contact us:

Email: [email protected]