In plain English: you agree to use the app as intended, we agree to do our best to deliver your check-ins, and nobody here is making promises we can't keep.
Thank you for using Vital Check-In. The Services are provided by Software Me, LLC. By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
You must follow any policies made available to you within the Services.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, or if we are investigating suspected misconduct.
Do not use the Services in a way that distracts you and prevents you from obeying traffic or safety laws when using mobile devices.
You are the initiator of all SMS messages sent through the Services. SMS messages are only initiated by you or in response to your actions. To stop messages, you need only stop using the Service.
The Service utilizes a probation system (levels 1–10) to maintain compliance and prevent abuse. The default probation level is initially set at 5.
Upon receiving a STOP message from a recipient:
Your ability to send messages is throttled based on your probation level:
If your account is banned due to reaching probation level 10:
By opting in to receive SMS messages from Vital Check-In, you agree to receive the following types of text messages:
Message frequency: Message frequency may vary based on your account settings, scheduled check-ins, and service activity.
Message and data rates: Message and data rates may apply. Please contact your wireless carrier for details about your messaging plan.
Opt-out instructions: You can opt out of receiving SMS messages at any time. Text STOP to opt out of messages from a specific sender, or text STOP ALL to opt out of all SMS communications from Vital Check-In. You will receive a one-time confirmation message after opting out.
Help: Text HELP for assistance, or contact us at 808.270.8772.
Privacy: Your privacy is important to us. For information on how we collect, use, and protect your data, please review our Privacy Policy.
We work hard to deliver every check-in, reminder, and alert on time. The Services depend on infrastructure that is not fully under our control — cellular networks, SMS carriers, internet connectivity, push notification gateways (APNs, FCM), your device's battery and permissions, and third-party service providers. We use commercially reasonable efforts to deliver every scheduled message and notification.
We cannot guarantee that every message will arrive, arrive on time, or reach the intended recipient. Vital Check-In is a best-effort service and is not a guaranteed life-safety system, a substitute for emergency services, or a replacement for 911. Do not rely on Vital Check-In as your sole or primary means of personal safety in situations where timely notification is critical.
If a notification fails to deliver due to carrier outage, device issue, or network problem, we will retry delivery where feasible and log the failure in your account history. We will not provide refunds, credits, or compensation for failed or delayed deliveries.
If we cannot reach you to deliver a scheduled check-in prompt — because your phone is powered off, out of cellular or data service, in airplane mode, has exceeded storage or battery limits, has blocked Vital Check-In notifications, or the app has been uninstalled — your scheduled check-in continues as set.
If the check-in expires without your confirmation, your designated contacts will be notified according to your alert settings. In short: being unreachable is treated the same as missing a check-in. The service is designed to fail safely toward notification.
You are responsible for:
We are not liable for any consequences of an unreachable-state alert, including but not limited to: alerts sent to contacts you intended to remove, alerts triggered while you were safely asleep or otherwise intentionally offline, or the absence of an alert in cases where our infrastructure was degraded and unable to deliver.
To maintain carrier compliance, protect recipients, and keep the Service usable for everyone, the following content is not permitted in any message sent through Vital Check-In:
Violations may result, at our discretion, in message rejection, a probation-level increase, throttling, account suspension, or permanent ban. We are not obligated to moderate every message, nor to notify you in advance of an enforcement decision.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not created by Vital Check-In. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. However, that does not necessarily mean that we review all content, so please do not assume that we do.
Some of our Services allow you to upload, submit, store, send, or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short: what belongs to you stays yours.
When you upload, submit, store, send, or receive content to or through our Services, you give Vital Check-In (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.
Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including messages) to provide you with personally relevant product features, carrier-compliance filtering, and spam and abuse detection. This analysis occurs as the content is sent, received, and when it is stored.
The Vital Check-In Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Vital Check-In may use such data in accordance with our privacy policies.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Vital Check-In gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by Vital Check-In as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Vital Check-In, in the manner permitted by these terms.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we will be sorry to see you go. Vital Check-In may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Services using a commercially reasonable level of skill and care, and we hope that you will enjoy using them. However, there are certain things that we do not promise about our Services.
Other than as expressly set out in these terms or additional terms, neither Vital Check-In nor its suppliers or distributors make any specific promises about the Services. For example, we do not make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services "as is."
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties.
When permitted by law, Vital Check-In and Vital Check-In's suppliers and distributors will not be responsible for lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Vital Check-In and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, Vital Check-In and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Vital Check-In and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. We provide information to help copyright holders manage their intellectual property online. If you believe somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Vital Check-In's policy about responding to notices in our Help Center.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly.
We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately.
If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and any additional terms, the additional terms will control for that conflict.
These terms control the relationship between Vital Check-In and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.