Terms and Conditions | Are You There

1. About This Application

"Are You There" is a service provided by Phing LLC. This application is designed to send notifications to your designated emergency contacts if you fail to check in within a specified time period. The app is intended to be used as a safety check-in tool and should NOT be relied upon as a primary emergency response system.

2. Intended Use

This application is intended for personal safety check-ins only. Users should:

Use this app as a supplementary safety measure, not a replacement for emergency services (911)
Ensure emergency contacts are aware they have been added and understand what notifications mean
Maintain accurate and up-to-date contact information
Check in regularly as configured to prevent false alerts

3. Disclaimer of Liability

THIS SERVICE IS PROVIDED ON A "BEST EFFORT" BASIS. PHING LLC EXPRESSLY DISCLAIMS ALL LIABILITY FOR:

Messages (email or SMS) that fail to be delivered for any reason, including but not limited to: network failures, carrier issues, incorrect contact information, spam filtering, or technical malfunctions
Any delay in message delivery
Any consequences, damages, injuries, or losses that may result from:
- Failure to send or deliver notifications
- Delayed notifications
- Notifications sent in error
- Actions or inactions taken by emergency contacts
- Reliance on this application for emergency response
Any direct, indirect, incidental, special, consequential, or punitive damages arising from the use or inability to use this service

4. No Guarantee of Service

Phing LLC does not guarantee:

Continuous, uninterrupted access to the service
That all messages will be delivered successfully
Any specific response time for message delivery
That the service will meet your specific requirements

5. SMS Messaging Consent

By creating an account and using this service, you expressly consent to receive SMS text messages from Are You There, including but not limited to:

One-time verification codes for account and phone number verification
Check-in reminders when your scheduled check-in is approaching or overdue
Emergency alert notifications
Service-related updates and notifications

You understand and agree that:

Message frequency varies based on your check-in schedule and activity
Message and data rates may apply as charged by your mobile carrier
Carriers are not liable for delayed or undelivered messages
You can opt out of non-essential messages at any time by contacting support or adjusting your account settings
Verification codes and critical emergency alerts cannot be opted out of while maintaining an active account

For questions about SMS messaging, reply HELP. To opt out of non-essential messages, reply STOP or contact support.

6. User Responsibilities

By using this application, you agree to:

Obtain explicit consent from all individuals you add as emergency contacts before adding them, ensuring they understand and agree to receive SMS text messages in case of emergencies or missed check-ins
Provide accurate contact information
Not use this service for harassment, spam, or any unlawful purpose
Maintain the security of your account credentials

7. Acceptance of Terms

By creating an account and using this application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including the SMS Messaging Consent. If you do not agree to these terms, you must not use this application.