1. Acceptance of Terms

By accessing or using CharlieCheck (via CharlieCheck.com, CharlieCheck.org, CharlieCheck App, API or any other means of access) ("the Service"), a product of ShyftAI ("the Company"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users of the Service, including caregivers, family members, and healthcare professionals who use our AI-powered health and wellness assistant platform.

2. Description of Service

The Service is a Social AI Digital Health & Wellness Assistant that helps users:

• Organize schedules with intelligent notifications
• Manage medication regimens and dosing schedules
• Share care plans and to-do lists with family and caregivers
• Automate wellness reminders
• Track health progress and patterns
• Coordinate care across multiple family members and healthcare providers

The Service uses artificial intelligence to provide personalized health management assistance but is not a substitute for professional medical advice, diagnosis, or treatment.

The Service uses generative AI and could provide incorrect answers, please validate all directions by directly communicating with medical professionals through the Service or directly.

3. User Eligibility

You must be at least 18 years old to create an account and use the Service. Users between 13-17 years old may use the Service only with parental or guardian consent and supervision. By using the Service, you represent and warrant that you meet these age requirements. Adults users managing care for minors must ensure they have appropriate consent to share health information. Adult users may connect to those eligible minor accounts by creating a guardian connection. If the minor is 12 or younger, they are ineligible to use the service. However, their legal guardian may create a guardian connection for them to organize their care within the Service. All alerts and feedback for the connection will come through the Adult's application.

4. User Accounts and Registration

4.1 Account Creation

To access certain features of the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to maintain its accuracy.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

4.3 SMS and Email Communications

By registering for the Service, you consent to receive:

• One-time passwords (OTP) for account security via SMS or email
• SMS text messages for medication reminders, health alerts, and account security
• Email notifications for important service updates and health reminders

You may opt out of non-essential communications at any time, but some messages are required for the proper functioning of the Service. You may opt out of SMS text messages at any time.

5. Health Information and Medical Disclaimer

5.1 Not Medical Advice

The Service is designed to help organize and manage health-related information but does not provide medical advice, diagnosis, or treatment. The Service is not intended to replace the relationship between you and your healthcare providers.

5.2 Emergency Situations

⚠️ The Service is not designed for emergency situations. In case of a medical emergency, contact your local emergency services immediately (911 in the US).

5.3 Medication Management

While the Service helps track medication schedules, you remain solely responsible for:

• Taking medications as prescribed by your healthcare provider
• Consulting with healthcare professionals about any medication changes
• Ensuring medication information including dosing regimenentered into the Service is accurate

5.4 Healthcare Provider Relationship

The Service does not replace the need for regular consultations with your healthcare providers. Always consult with qualified medical professionals for health-related decisions.

6. Privacy and Data Protection

6.1 Health Information

We understand the sensitive nature of health information. Our collection, use, and protection of your personal health information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 HIPAA Compliance

While the Service implements strong security measures to protect your health information, we are not a "covered entity" under HIPAA. However, we voluntarily adopt many HIPAA-like safeguards to protect your data.

6.3 Data Sharing

You control who has access to your health information through the Service's sharing and authorization features. You may grant or revoke access to family members, caregivers, or healthcare providers at any time to any schedule. You also have full control over who is helping you. You connections or team members may only set up schedules if you allow them. Even then, you must approve each and every schedule.

7. Acceptable Use

7.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Managing your own health and wellness information
• Coordinating care for family members with appropriate permissions
• Sharing information with authorized caregivers and healthcare providers

7.2 Prohibited Uses

You agree not to:

• Provide false, misleading, or inaccurate health information
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to other users' accounts or data
• Upload or transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to spam, harass, or abuse other users
• Violate any applicable laws or regulations

8. Intellectual Property

8.1 CharlieCheck Content

The Service, including its software, algorithms, text, graphics, logos, and other content, is owned by the Company and protected by copyright, trademark, and other intellectual property laws.

8.2 User Content

You retain ownership of health information and other content you provide to the Service. By using the Service, you grant us a limited license to use, store, and process this information to provide the Service to you and to make improvements to the Service.

8.3 Feedback

Any feedback, suggestions, or improvements you provide to us may be used by the Company without compensation or attribution.

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide continuous access to the Service but cannot guarantee uninterrupted service. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

9.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of significant changes when possible.

9.3 Updates

We may release updates to improve the Service. Some updates may be required for continued access to certain features.

10. Payment and Subscription Terms

10.1 Free and Paid Features

The Service offers both free and premium features. Premium features require a paid subscription.

10.2 Subscription Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Payments are processed through secure third-party payment processors
• You authorize us to charge your payment method for subscription fees

10.3 Cancellation and Refunds

• You may cancel your subscription at any time
• Cancellation takes effect at the end of your current billing period
• We do not provide refunds for partial subscription periods except as required by law

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Disclaimer of Warranties

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

11.2 Limitation of Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICE.

11.3 Total Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 1 MONTH PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from: your use of the Service, your violation of these Terms, your violation of any third-party rights, or expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content, data, or other information you provide through the Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by using account deletion features in the Service.

13.2 Termination by Us

We may terminate or suspend your account immediately if you violate these Terms or engage in conduct that we determine is harmful to other users or our business.

13.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• We may delete your account and associated data after a reasonable period
• Provisions that should survive termination will remain in effect

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of Virginia, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration rather than in court, except for small claims court matters.

14.3 Class Action Waiver

You agree not to participate in class action lawsuits or class-wide arbitrations against us.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Service, and all parties involved in providing the Service, regarding any use the Service.

15.2 Severability

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

15.3 Assignment

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms without restriction.

15.4 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.5 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the new Terms.

16. Contact Information

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

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.