Terms of Service - Support for loved ones and their caregivers

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS.

These Terms of Service ("Terms") constitute a legally binding agreement between you, the Subscriber, and Hello Telle ("the Company," "we," or "us") regarding your use of the Hello Telle AI companionship and check-in services (the "Services").

1. Acceptance and Service Scope

1.1 Acceptance: By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 US Residency Requirement: The Services are only intended for use by residents of the United States. By using the Services, you represent and warrant that you are a resident of the United States.

1.3 Definitions:

Subscriber: The individual who signs up for and pays for the Services (you).
Loved One: The individual receiving the automated telephone check-in calls from the Services.
User Content: All conversation transcripts, audio data, preferences, and feedback provided by the Loved One or Subscriber.

2. User Obligations

2.1 Consent for Loved One: You represent and warrant that you have obtained all necessary, legally required consent from the Loved One to receive automated calls, for the calls to be recorded and transcribed, and for conversation summaries to be shared with you, the Subscriber.

2.2 Accurate Information: You agree to provide current, complete, and accurate registration information and to update such information as necessary.

3. Subscription and Payment (Pre-Revenue)

3.1 Pricing: All pricing and fees for the Services will be clearly communicated prior to purchase.

3.2 Future Billing: Once initiated, subscriptions will auto-renew until cancelled. You must provide a valid payment method.

4. Critical Disclaimers and Limitations of Liability

4.1 NO MEDICAL, HEALTH, OR EMERGENCY ADVICE

The Services are for companionship, social connection, and informational summary purposes only.
The Services do not provide medical advice, diagnosis, or treatment and are not a substitute for professional medical, psychological, or psychiatric care.
Hello Telle is not an emergency response service and will not dispatch emergency services. If the Loved One is in crisis or danger, you must immediately contact the appropriate emergency services (e.g., 911).
We disclaim any liability for failure to detect, prevent, or report any health or safety incident related to the Loved One.

4.2 Disclaimer of Warranties: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not warrant that the Services will be error-free or uninterrupted.

4.3 Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES. IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM, OR FIFTY U.S. DOLLARS ($50.00), WHICHEVER IS LESS.

5. Intellectual Property and Data Use Rights

5.1 Ownership: The Company owns all rights, title, and interest in the Services, including all content, algorithms, software, and the underlying AI models.

5.2 License to User Content: By using the Services, you grant the Company a perpetual, worldwide, royalty-free, and irrevocable license to use, reproduce, modify, and analyze all User Content (including conversation transcripts and derived summaries) for the purposes of operating, improving, testing, and developing new products and services.

6. Indemnification

You agree to defend, indemnify, and hold harmless Hello Telle, its agents, and representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, the breach of your representation of consent regarding the Loved One.

7. Governing Law and Dispute Resolution

7.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law principles.

7.2 Binding Arbitration: You agree that any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration, rather than in court. The arbitration shall be conducted by a single arbitrator in St. Louis, Missouri.

7.3 Class Action Waiver: You and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

8. Contact Information

For questions regarding these Terms, you may contact us at:

Email: support@hellotelle.com

Mail: PO Box 11883, St. Louis, MO 63105