Terms of Service

Welcome to WellAI (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the WellAI platform, including our website at wellai.live, mobile applications, SMS and voice check-in services, companion devices, dashboards, and any related services (collectively, the “Service”).

By creating an account or using any part of the Service, you agree to be bound by these Terms. If you do not agree, you must stop using the Service immediately.

You must be at least 18 years of age and have the legal authority to enter into a binding agreement to use the Service. If you are using the Service on behalf of an organization (such as a care facility), you represent that you have the authority to bind that organization to these Terms.

WellAI is an AI-powered wellness communication platform that facilitates automated check-ins with elderly individuals and people requiring regular wellness monitoring. Our Service includes:

• Automated SMS and voice-call check-ins at scheduled intervals
• AI-powered sentiment analysis of check-in responses
• Real-time alerts to designated caregivers and family members when distress or non-response is detected
• A web-based dashboard for managing residents, reviewing wellness trends, and configuring alert rules
• Optional companion device (WA-200) for bedside voice interactions
• Shift scheduling, concierge services, and transportation management for care facilities

To access the Service, you must create an account by providing accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Promptly notifying us at support@wellai.live if you suspect unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

By using the Service, you consent to receiving automated SMS text messages and voice calls at the phone number(s) you provide. By enrolling a resident or loved one, you confirm that the individual (or their legal representative) has given express written consent to receive automated communications from WellAI.

These communications include:

• Scheduled wellness check-in messages and calls
• Alert notifications to caregivers and family members
• Service-related transactional messages (account verification, billing receipts)

WellAI uses artificial intelligence to generate check-in greetings and analyze sentiment in responses. AI-generated insights are informational only and may not be accurate. Sentiment scores and distress detection are automated estimates and should not be relied upon as the sole basis for care decisions. Always use professional judgment and maintain adequate in-person supervision.

You agree to:

• Obtain and maintain proper consent from residents or their legal representatives before enrolling them
• Maintain adequate in-person supervision and care standards independently of WellAI
• Act on alerts and notifications in a timely manner
• Keep all contact information accurate and up to date
• Not rely on WellAI as your sole method of monitoring welfare
• Comply with all applicable laws and regulations, including HIPAA where applicable

WellAI offers paid subscription plans. By selecting a plan, you authorize us to charge the applicable fees to your payment method on a recurring basis.

• Cancellation: Cancel at any time through your account settings. Cancellation takes effect at the end of the current billing cycle
• Refunds: Fees are non-refundable except where required by applicable law
• Price Changes: We may modify pricing with 30 days' advance notice

You agree not to:

• Use the Service for any unlawful purpose
• Transmit harmful, threatening, abusive, or harassing content
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to send unsolicited commercial messages (spam)
• Impersonate any person or entity

Your privacy is critically important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key protections include:

• All data encrypted in transit (TLS 1.3) and at rest (AES-256)
• HIPAA-compliant infrastructure for facility accounts with Business Associate Agreements (BAAs)
• We never sell personal data to third parties
• Data retained only as long as necessary for service delivery

The Service integrates with trusted third-party providers for core functionality, including:

• Communication delivery services for SMS and voice call check-ins
• Cloud infrastructure and authentication services for secure data storage
• Payment processing services for subscription billing
• AI analysis services for sentiment analysis and conversation generation
• Voice AI services for interactive voice check-ins

Your use of these services is subject to their respective terms and privacy policies. Specific provider details are available upon request.

The Service, including all software, designs, text, graphics, logos, and other content, is owned by WellAI and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

You retain ownership of any content you upload, but you grant us a limited, non-exclusive license to use such content solely for providing the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WELLAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF LIFE, PERSONAL INJURY, HEALTH COMPLICATIONS, OR EMOTIONAL DISTRESS, ARISING FROM:

• Failure to deliver messages or complete calls
• Delayed or missed alerts
• Inaccurate AI-generated analysis or distress detection
• System downtime, outages, or maintenance periods
• User error or failure to respond to alerts
• Actions taken or not taken based on information from the Service

Our total aggregate liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You agree to indemnify, defend, and hold harmless WellAI and its affiliates from any claims, damages, losses, and expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

Either party may terminate this agreement at any time. You may cancel your account through your dashboard or by contacting support@wellai.live.

We may suspend or terminate your access if:

• You breach any provision of these Terms
• Your payment method fails and is not resolved within 7 days
• Required by law
• We discontinue the Service (with 30 days' notice)

Upon termination, we retain your data for 30 days, after which it is permanently deleted unless required by law to retain it longer.

We may update these Terms from time to time. Material changes will be communicated via email at least 14 days before they take effect. Continued use after changes constitutes acceptance. If you disagree, you must stop using the Service.

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association, unless you are entitled to bring a claim in small claims court.

If any provision of these Terms is found to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

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

Questions about these Terms? Contact us: