1. Acceptance of Terms
By downloading, installing, or using the AgeWell Check mobile application (“App”), developed by AgeWell creator (“We,” “Us,” or “Our”), you (“User,” “You,” or “Your”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, do not use the App. We reserve the right to modify these Terms at any time, with changes effective upon posting within the App. Your continued use constitutes acceptance of any revised Terms.
2. Purpose and Description of the App
AgeWell Check is designed to assist adults, particularly geriatric individuals, in aging in place by providing tools and resources to assess and enhance home safety and personal well-being. Features include:
- Recording and saving videos of rooms for personal review or sharing with healthcare providers.
- Accessing a fall risk assessment with scored questions.
- Daily Living Tips, Room Safety Checklists, and Emergency Preparedness resources.
- Personal note-taking via text input on certain pages.
- External resource links for additional safety and health information.
The App is intended for informational use only and does not constitute professional advice.
3. Eligibility
You must be at least 18 years of age or the age of legal majority in your jurisdiction to use the App. By using the App, you represent and warrant that you have the legal capacity to enter into this binding agreement.
4. Proper Use of the App
You agree to use the App solely for its intended purpose. Improper use includes, but is not limited to:
- Harassing or harming others.
- Uploading unlawful or infringing content.
- Attempting to hack or disrupt functionality.
- Using the App as a substitute for professional advice.
5. User Accounts and Data
You are responsible for maintaining the confidentiality of your account credentials. User content, such as videos and personal notes, is stored securely but is not guaranteed against loss due to technical failure. Sharing content with third parties is at your own risk.
6. Intellectual Property
The App and its content are our proprietary property. You may not reproduce or distribute materials without written consent, except for personal non-commercial use.
7. Third-Party Links and Services
The App may include external links (e.g., Red Cross, AARP) or third-party services. We are not responsible for the content or transactions on these sites.
8. Disclaimer of Warranties
The App is provided "as is" without warranties of any kind. We do not guarantee the accuracy, reliability, or completeness of App content or that the App will meet your expectations or be error-free.
9. Limitation of Liability
To the maximum extent permitted by law, AgeWell creator shall not be liable for any indirect, incidental, or consequential damages, including loss of data or profits. Our total liability, if any, shall not exceed the amount you paid to download the App.
10. Release and Indemnification
You release Us from claims arising from your use of the App. You agree to indemnify and hold Us harmless against claims brought by third parties due to your misuse or violation of these Terms.
11. Medical and Safety Disclaimer
AgeWell Check is not a medical device or substitute for professional healthcare or emergency services. Consult qualified professionals for personalized advice. In emergencies, contact 911.
12. Termination
We may terminate or suspend your access to the App at our sole discretion without notice. Upon termination, we may delete your content without liability.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of West Virginia, USA. Disputes shall be resolved through binding arbitration.
14. Miscellaneous
- Entire Agreement: These Terms constitute the full agreement between You and Us.
- Severability: If any provision is invalid, the remaining provisions remain enforceable.
- No Waiver: Our failure to enforce any right does not waive it.
- Contact: For questions, email agewellwv@gmail.com.
15. Acknowledgment
By using AgeWell Check, you acknowledge that you have read, understood, and agree to these Terms, including the limitations of liability.