Terms of Service

1. What the Service does

Check Back Tonight is a personal safety check-in service. You can set a check-back time for an outing or activity (a "Check-Back"), add optional context such as where you are going and when you expect to be back, choose the people you want notified if you do not check in (your "Trusted Contacts"), and optionally share your location for a given Check-Back.

If your check-back time passes and you have not checked in, the Service attempts to notify your Trusted Contacts, at the same time, using the contact methods on file (which may include SMS, push notification, and email), and shares with them the context you chose to include. You control your Check-Backs and Trusted Contacts, and you can change, extend, or cancel a Check-Back at any time before notifications are sent. The Service may also send you reminders before your check-back time so you do not miss it unintentionally.

2. What the Service does not do

The Service does not monitor you in real time, does not evaluate whether you are safe, does not verify the accuracy of any information you or your Trusted Contacts provide, and does not take any action other than attempting to deliver the notifications you configured. What your Trusted Contacts do, or do not do, after receiving a notification is entirely up to them.

3. Not an emergency service, and not professional advice

CHECK BACK TONIGHT IS NOT AN EMERGENCY SERVICE. IT DOES NOT CONTACT 911 OR ANY OTHER EMERGENCY NUMBER, DOES NOT DISPATCH POLICE, MEDICAL, OR OTHER RESPONDERS, AND IS NOT A MONITORED ALARM, SECURITY, MEDICAL, OR RESCUE SERVICE. IF YOU ARE IN DANGER OR EXPERIENCING AN EMERGENCY, CALL YOUR LOCAL EMERGENCY NUMBER (911 IN THE UNITED STATES) IMMEDIATELY. DO NOT RELY ON THE SERVICE AS YOUR ONLY MEANS OF GETTING HELP.

The Service is not legal, medical, mental-health, or other professional advice, and no content in the Service is a substitute for such advice.

4. Eligibility and accounts

You must be at least 13 years old to use the Service. If you are between 13 and 17, you may use the Service only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Service, including SMS and location features you enable. We may require proof of parental consent and may suspend accounts where we cannot verify it. Parents and guardians who consent are responsible for their minor's use of the Service.

You agree to provide accurate account information, keep your login credentials and any check-in PIN secure, and be responsible for activity under your account. Notify us promptly at [email protected] if you suspect unauthorized use of your account.

5. Your Check-Backs and your responsibilities

The Service works only as well as the information you give it. You agree to:

• set check-back times you actually intend to keep, and check in, extend, or cancel before the deadline when your plans change;
• keep your own contact details, device, and notification permissions current so reminders and check-in prompts can reach you;
• keep a working means of contacting emergency services yourself; the Service is not a substitute for them;
• use the Service lawfully and respectfully.

You understand that if you do not check in by your deadline, the Service is designed to notify your Trusted Contacts, including in the middle of the night, and to share the context and any location information you attached to that Check-Back. Missed check-ins caused by your own unavailability, a dead battery, lack of coverage, or simple forgetfulness will still trigger notifications.

6. Your Trusted Contacts

You choose your Trusted Contacts and provide their names and contact details. You represent that you have a lawful basis and any consent needed to share each Trusted Contact's details with us for this purpose, and that each Trusted Contact would reasonably expect, or has been told by you, that they may receive safety notifications about you from the Service.

Trusted Contacts do not need an account. When you add a Trusted Contact with a mobile number, we send that number a one-time text that names you, explains that they have been added as a trusted contact so they can be alerted just in case, and tells them they can reply STOP to opt out. Each person who adds that contact triggers one notice of their own, so your contact always knows who could send them an alert.

Trusted Contacts can opt out of SMS or email notifications at any time (for example, by replying STOP to a text, or by using the preference link included in our emails). If a Trusted Contact opts out, we will not deliver notifications to them through that channel, even for a missed check-in. So that you always know whether your contacts are reachable:

• if a Trusted Contact opts out of texts, or turns off alert emails, we will let you know that the channel is disabled for them;
• if you add someone whose mobile number has already opted out, we will tell you, and your contact can text START to our sending number (we will show you the number) to receive messages again;
• if a contact's channel is later re-enabled, we will let you know that too.

It is your responsibility to choose Trusted Contacts who want this role and to replace any contact who has opted out.

7. SMS terms

SMS is optional. If you opt in to SMS, you agree to receive SMS check-in reminders, missed check-in alerts, and service notifications from Check Back Tonight. Message frequency may vary, but will usually be no more than 4 messages per month. Standard message and data rates may apply. Reply STOP to opt out. Reply HELP for help. We will not share mobile information with third parties for promotional or marketing purposes. Consent to SMS is optional and is not a condition of purchase or account creation.

For Trusted Contacts: the first text a Trusted Contact receives tells them who added them and how to opt out. A STOP reply from a Trusted Contact applies to that phone number across the Service, no matter how many users added it, and texting START to the same number re-enables it. We honor STOP even for missed check-in alerts.

If you opt out of SMS, or if SMS delivery to you fails, we will attempt to use the other notification channels enabled on your account, but you acknowledge that opting out of a channel reduces the ways the Service can reach you or your Trusted Contacts.

8. Email and how to manage it

We group the email we send into three kinds:

• Alerts and notifications. Missed check-in alerts to Trusted Contacts, and check-back related notices.
• Product updates. News about features and changes to the Service.
• Marketing. Offers and other promotional email, only if it was asked for.

Every email we send in these groups includes a link to a preference page where the person receiving it, without an account or sign-in, can choose which groups to receive at that email address, or stop all email from the Service. Trusted Contacts receive alerts and notifications only; we do not send product updates or marketing to a Trusted Contact unless they opt in themselves.

If a Trusted Contact turns off alert emails, or stops all email, we honor that choice, even for a missed check-in, and we let the user or users who added them know that email alerts to that contact are disabled, just as we do for SMS opt-outs (Section 6).

A small amount of email is strictly transactional or security-related, such as password resets, account-deletion confirmations, billing receipts, and legal notices. We send these when needed regardless of email preferences, and only to the account they concern.

9. Location sharing

Location sharing is optional and off by default. If you enable it for a Check-Back, you choose the mode. In "final location only" mode, we record your device's location so that, if you miss your check-in, your Trusted Contacts can see your last known location. In "continuous" mode, we record your location for the duration of the Check-Back so that, if you miss your check-in, your Trusted Contacts can see your route and recent movement.

Location information (which may include coordinates, accuracy, timestamps, and device battery status) is shared with your Trusted Contacts only if you miss your check-in, through the notification viewer. Trusted Contacts never see your location while your Check-Back is on track. Location history is deleted on the schedule described in our Privacy Policy (by default, 30 days after sharing ends) unless you choose to keep it. You can stop location sharing for a Check-Back at any time before notifications are sent.

10. Your content and license to us

You retain ownership of the content you submit to the Service, such as Check-Back context notes and contact details ("Your Content"). You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display Your Content solely to operate, secure, and improve the Service, including delivering it to your Trusted Contacts according to your settings. We do not sell Your Content and do not use the content of your notes or your location data for advertising.

11. Acceptable use

You agree not to use the Service to:

• harass, threaten, stalk, deceive, or harm any person, including your Trusted Contacts;
• monitor or track any person other than yourself, or send notifications you are not authorized to send;
• violate any law or the rights or privacy of any third party;
• misrepresent an emergency or misuse notifications to alarm others;
• probe, disrupt, overload, breach, or reverse-engineer the Service or its security or rate limits.

We may remove content, suspend, or terminate accounts that violate these Terms or that we reasonably believe create legal risk or a risk of harm.

12. Subscriptions, trials, payments, refunds, and gifts

Some features require a paid subscription. Subscriptions are billed by our payment processor on a recurring basis at the price and interval shown at purchase, and renew automatically until you cancel. You can cancel at any time through your account settings or the payment portal, effective at the end of the current billing period. If a free trial is offered, we will tell you the trial length and the price after the trial before you start, and you can cancel before the trial ends to avoid being charged.

Refunds. Except where the law requires otherwise, fees are not automatically refundable, but we review every refund request. If you believe you were charged in error, or the Service did not work for you, contact us at [email protected] from the email on your account and tell us what happened. We consider each request individually and expect to grant reasonable ones.

Gift and payer subscriptions. Someone else, for example a parent or partner, may pay for your subscription. Paying for a subscription does not make the payer a Trusted Contact and does not give the payer any access to your Check-Backs, check-in history, location, alert history, or other safety data. Payers receive only billing information.

Payment problems. If a renewal payment fails, we will notify you, and a payer if different, and keep safety features running for a grace period before the subscription lapses, as described at purchase. We will not cut off an in-progress Check-Back because of a billing lapse.

13. Availability and delivery

We work hard to make the Service reliable, and reliability is the point of the product. Even so, the Service is provided on an "as available" basis, and we cannot promise it will always be uninterrupted, timely, secure, or error-free. Whether any particular notification is delivered, and when, depends on things outside our control, including the accuracy and reachability of the contact details you provided, your Trusted Contacts not having opted out, mobile carriers and their routing and filtering rules, push notification platforms and email providers, your device's battery, settings, permissions, and network coverage, and internet and telecommunications outages.

YOU ACKNOWLEDGE THAT WE DO NOT GUARANTEE THAT ANY PARTICULAR NOTIFICATION, REMINDER, OR ALERT WILL BE DELIVERED, RECEIVED, READ, OR ACTED ON, OR THAT IT WILL BE DELIVERED AT ANY PARTICULAR TIME.

14. Privacy

Our Privacy Policy explains what we collect, how we use it, who we share it with (including the SMS, email, push, payment, hosting, and error-monitoring providers that help us run the Service), and your choices, including how to delete your data. The Privacy Policy is part of these Terms.

15. Suspension and termination

You may stop using the Service and delete your account at any time, in the app or as described on our data-deletion page. We may suspend or terminate your access if you materially violate these Terms, if required by law, or if continuing to provide the Service to you would create a risk of harm or legal exposure, and where reasonable we will notify you.

When an account closes, all scheduled Check-Backs are canceled and no further reminders or notifications will be sent. We will handle your data as described in the Privacy Policy.

16. Service continuity

A safety service should not simply vanish. If we decide to discontinue the Service, we will give active subscribers at least 90 days' advance notice where practicable, through every notification channel enabled on their account and in the app when they create a Check-Back; stop accepting Check-Backs scheduled past the shutdown date, so no Check-Back is left pending at the end; refund prepaid amounts for service periods after shutdown; and honor the data-deletion commitments in the Privacy Policy.

17. Changes to the Service and these Terms

We may update the Service and these Terms from time to time, including operating the Service under a different brand name. If we make material changes to these Terms, we will update the effective date above and notify you in advance through the Service or by email, and your continued use after the changes take effect constitutes acceptance. If you do not agree to a change, stop using the Service and cancel any subscription before the change takes effect.

18. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT ANY NOTIFICATION WILL BE DELIVERED, RECEIVED, OR ACTED ON, THAT ANY TRUSTED CONTACT WILL RESPOND, OR THAT THE SERVICE WILL PREVENT OR MITIGATE ANY HARM.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

19. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER TECHNO WIZARDRY NOR ITS OFFICERS, EMPLOYEES, OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF LIFE, PERSONAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE ARISING FROM OR RELATING TO YOUR USE OF OR RELIANCE ON THE SERVICE, INCLUDING ANY MISSED, DELAYED, MISDIRECTED, OR UNDELIVERED NOTIFICATION OR ANY ACTION OR INACTION OF A TRUSTED CONTACT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow the limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

20. Indemnification

You agree to indemnify and hold harmless Techno Wizardry and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, Your Content, your designation of or communications to your Trusted Contacts (including any claim by a Trusted Contact that they did not consent to be contacted), or your violation of any law or third-party right.

21. Dispute resolution: arbitration and class-action waiver

Please read this section carefully. It affects your rights.

Informal resolution first. Before filing a claim, you agree to contact us at [email protected] and give us 30 days to try to resolve the dispute informally.

Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator, in English. The arbitration may be conducted by videoconference or, if an in-person hearing is required, in the county where you live or another mutually agreed location.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

Class-action waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Opt-out. You may opt out of this arbitration agreement by emailing [email protected] with the subject "Arbitration opt-out" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

22. Governing law and venue

These Terms and any dispute arising out of them are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules, and the Federal Arbitration Act governs Section 21. For matters not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Boulder County, Colorado.

23. General terms

• Entire agreement. These Terms, together with the Privacy Policy and any posted supplemental terms, are the entire agreement between you and us about the Service.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver.
• Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets, subject to the Privacy Policy's business-transfer commitments.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including carrier or platform outages, natural disasters, and government action.
• Notices. We may notify you through the Service, by email, or by SMS if you opted in. Legal notices to us go to [email protected].

24. Contact us

Questions about these Terms? Email [email protected]. The Service is operated by Techno Wizardry, Boulder, Colorado, United States.