Terms and Conditions for Positive Check

1. Acceptance of Terms

By accessing or using the Positive Check website, mobile applications, or services ("Services"), you agree to comply with and be bound by these Terms and Conditions ("Terms"). If you do not agree with these Terms, please do not use our Services.

2. Description of Services

Positive Check provides an AI-driven caregiver support service that contacts seniors to monitor their well-being and provide daily check-in calls. The Services include reporting, alerts, and access to a secure account login. Personally identifiable information (PII) and protected health information (PHI) are safeguarded in compliance with applicable privacy and data protection laws, including the Health Insurance Portability and Accountability Act (HIPAA).

3. User Types

There are two categories of users of the Services:

• Family Users: Individuals subscribing to Positive Check on behalf of themselves or their loved ones for personal use.
• Provider Users: Healthcare organizations, senior living communities, agencies, or other entities that use Positive Check to manage multiple clients, patients, or residents.

These Terms apply to both Family Users and Provider Users unless otherwise specified.

4. Eligibility

To use our Services, you must be at least 18 years old and capable of forming a binding contract. Providers must ensure that only authorized staff access the Services.

5. User Accounts

Registration: To access certain features, you must create an account by providing accurate and complete information.

Account Security: You are responsible for maintaining the confidentiality of your login credentials. Families are responsible for their own accounts. Providers are responsible for ensuring that staff accounts are properly assigned, managed, and deactivated when no longer needed.

Unauthorized Use: You agree to notify Positive Check immediately if you suspect unauthorized access to your account.

6. Privacy and Data Security

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to these practices.

7. HIPAA Compliance

Positive Check is committed to protecting PHI in accordance with HIPAA regulations. Our practices include:

• Administrative, technical, and physical safeguards to protect PHI.
• Limiting disclosures of PHI to the minimum necessary.
• Entering into a Business Associate Agreement (BAA) with Providers when legally required.

Providers remain responsible for compliance with HIPAA within their organizations and for how their staff use the Services.

8. User Responsibilities

By using the Services, you agree to:

• Provide accurate and up-to-date information.
• Use the Services in compliance with all applicable laws and regulations.
• Not rely on the Services as a substitute for emergency medical care or 911 services.
• For Providers: Ensure staff are properly trained in how to use the Services and respond to alerts.

9. Data Ownership and Use

Family Users and Providers retain ownership of their data, including PHI. Positive Check may use de-identified and aggregated data to improve services, analytics, and reporting. Positive Check will not sell or share identifiable user data without consent.

10. Notifications and Reporting

Families and Providers will receive notifications via email and dashboards. For Families, after each call you will receive an email confirming whether the call was completed successfully or if Positive Check was unable to make contact after three attempts. Providers will have access to dashboards, alerts, and reports for managing multiple clients. Positive Check cannot guarantee delivery of emails due to reliance on third-party systems such as internet providers or email services.

11. Service Availability

Positive Check strives to provide reliable service but does not guarantee uninterrupted or error-free operation. The Services are designed to support care, not replace caregivers or emergency response.

12. Fees and Payment

Family Users pay a subscription fee of $20 per month per account. Provider fees are based on organizational agreements and invoicing terms. Failure to pay may result in suspension or termination of Services.

13. Intellectual Property

All content, trademarks, software, and data on the Positive Check platform are the property of Positive Check or its licensors and are protected by intellectual property laws. Unauthorized use is prohibited.

14. Limitation of Liability

To the fullest extent permitted by law, Positive Check shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services. For Family Users, liability is limited to the total subscription fees paid during the three months preceding the claim. For Providers, liability is limited to the amounts paid under the applicable subscription or contract during the three months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless Positive Check, its affiliates, officers, and employees from any claims, damages, or expenses arising out of your misuse of the Services or violation of these Terms.

16. Modifications to Terms

We may update these Terms from time to time. Significant changes will be posted on our website with an updated effective date. Continued use of the Services constitutes acceptance of the revised Terms.

17. Termination

Positive Check may suspend or terminate access to the Services at its discretion, without notice, for conduct that violates these Terms or is harmful to other users or the company.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

19. Contact Information

If you have any questions or concerns about these Terms, please contact us at: