Terms of Service

By accessing or using the EverAndNear service ("Service"), operated by EverAndNear Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

You must be at least 18 years of age to create a family or facility account. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

If you are creating an account on behalf of a senior family member, you represent that you have appropriate authority or consent to do so. You are responsible for the senior's use of the Service and for ensuring that their participation is voluntary and appropriate for their circumstances.

EverAndNear is an AI-powered wellness and companionship product designed to provide conversation, engagement, and gentle daily support for seniors, along with family visibility into how their loved one is doing.

EverAndNear is NOT:

• A medical device, healthcare provider, or clinical service
• An emergency response or monitoring system
• A substitute for professional medical, nursing, or caregiving services
• A diagnostic tool for any physical or cognitive health condition
• A real-time health monitoring system

The AI companion provides conversation, reminders, and engagement. It does not provide medical advice, diagnoses, or treatment of any kind. Medication reminders are convenience features only and do not replace pharmacist, physician, or caregiver guidance. The Service does not monitor vital signs, detect emergencies, or provide real-time health monitoring.

Medication reminders provided by the Service are informational only. They are based on information entered by family members or facility staff and may not reflect current prescriptions, dosages, or medical instructions. Users must verify all medication information with their healthcare provider, pharmacist, or prescribing physician.

EverAndNear is not responsible for missed medications, incorrect dosages, adverse drug interactions, or any health outcomes that may arise from use of or reliance on the Service's reminder features.

Wellness observations, mood assessments, cognitive pattern analysis, and engagement summaries generated by the Service are AI-generated estimates based on conversation patterns. They are not clinical assessments and should not be used as the basis for medical decisions, care plans, or diagnostic conclusions.

The cognitive stage setting in EverAndNear helps personalize the companion's conversation style. It is not a diagnostic tool and does not constitute a clinical evaluation of cognitive function.

Health-related information shared during companion conversations is not a medical record and should not be relied upon for medical decisions. This information is processed by AI systems and may be incomplete, inaccurate, or misinterpreted.

EverAndNear does not replace doctors, nurses, home health aides, emergency services, mental health professionals, pharmacists, or any other licensed healthcare provider.

The EverAndNear companion is an artificial intelligence. It is not a human being, and we do not represent it as one. Conversations are generated by AI language models and delivered through voice synthesis technology.

The AI companion:

• May occasionally produce inaccurate, incomplete, or contextually inappropriate responses
• Does not have real-time awareness of the senior's physical condition, environment, or surroundings
• Cannot detect falls, medical emergencies, fire, intrusion, or other dangerous situations
• Cannot independently contact emergency services, family members, or caregivers
• Relies on AI models that are continuously improving but inherently imperfect

Family summaries, wellness observations, and engagement reports are AI-generated interpretations of conversation data. They are supplementary information and should not be treated as factual, objective, or clinically accurate reports of the senior's condition or activities.

As a family member or facility user of EverAndNear, you acknowledge and agree to the following responsibilities:

• Appropriate care: You are responsible for ensuring that the senior has appropriate real care in place, including medical care, emergency contacts, and daily living support. EverAndNear supplements but never replaces these.
• Medication accuracy: You are responsible for verifying the accuracy of any medication information entered into the Service with the senior's healthcare provider.
• Emergency preparedness: You must maintain your own emergency contacts and care plans independent of EverAndNear.
• Supplementary use: You must not rely on EverAndNear as a sole or primary source of information about the senior's wellbeing, health, or safety.
• Direct contact: You should maintain regular direct contact with your loved one and review companion summaries as supplementary context, not as a replacement for personal interaction.
• No emergency use: You must not use the Service for emergency communication or in situations requiring immediate medical, safety, or emergency response.
• Truthful information: You must not enter false medical information, fabricated health data, or misleading personal details into the Service.

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, store, and share your information.

In summary: user data is stored in secure cloud infrastructure with encryption in transit and at rest. Conversation transcripts are processed to generate summaries and improve the Service. We do not sell personal data. You may request deletion of your data by contacting us at support@everandnear.com.

EverAndNear is offered as a monthly subscription service. Plans are billed monthly and may be cancelled at any time through your account settings or the Stripe billing portal.

No refunds are provided for partial months. If you cancel mid-cycle, you will retain access through the end of your current billing period.

We reserve the right to change pricing with at least 30 days' advance written notice sent to the email address on your account. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

We may modify, suspend, or discontinue the Service (or any part of it) with reasonable notice. If we discontinue the Service entirely, we will provide at least 30 days' notice and a prorated refund for any unused subscription period.

To the fullest extent permitted by applicable law, EverAndNear Inc. and its officers, directors, employees, and agents shall not be liable for:

• Any health outcomes, injuries, medical events, or deaths that occur during or after use of the Service
• Missed medication reminders, incorrect medication information, or any consequences thereof
• Decisions made by users based on AI-generated summaries, wellness observations, or companion conversations
• Emotional distress, confusion, or psychological impact arising from AI conversations
• Service interruptions, outages, technical failures, or data loss
• Any direct, indirect, incidental, special, consequential, or punitive damages arising from use of or inability to use the Service

In no event shall our total aggregate liability to you for all claims arising from or related to the Service exceed the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.

You expressly waive and release any and all claims for indirect, incidental, consequential, special, exemplary, or punitive damages against the Company.

You agree to indemnify, defend, and hold harmless EverAndNear Inc. and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service or any activity under your account
• Your violation of these Terms
• Your violation of any rights of another party, including the senior using the Service
• Any claim by the senior, other family members, caregivers, or third parties arising from the senior's use of or exposure to the Service

We may suspend or terminate your access to the Service at any time if you violate these Terms, engage in abusive behavior, or use the Service in a manner that we reasonably believe may harm the Company, the Service, or other users.

You may cancel your account and terminate your use of the Service at any time through your account settings or by contacting us at support@everandnear.com.

Upon termination, your data will be retained for 30 days to allow for account recovery or data export requests, after which it will be permanently deleted. Aggregated, anonymized data that cannot be linked to your account may be retained for service improvement.

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of laws provisions.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved through binding arbitration administered in Portland, Oregon, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email at the address associated with your account at least 14 days before the changes take effect.

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 with the revised Terms, you should discontinue use of the Service and cancel your account.

If you have questions about these Terms of Service, please contact us:

EverAndNear Inc.
Email: support@everandnear.com