Effective Date: March 24, 2026

By creating an account and using Check On Me™, you expressly consent to receive SMS (text message) communications related to your account, including but not limited to daily check-in reminders, missed check-in notifications, and emergency alerts.

You also represent and warrant that you have obtained prior express consent from each individual you designate as an emergency contact to receive SMS notifications from Check On Me™ on your behalf. These notifications may include alerts indicating that you have missed a check-in or may require assistance.

You acknowledge and agree that it is your responsibility to ensure that your designated contacts have agreed to receive these messages. Message and data rates may apply.

If you choose to opt out of SMS communications, you understand and agree that core features of Check On Me™ will no longer function as intended. As a result, opting out of SMS messages may limit or terminate your ability to use the service.

If you wish to temporarily pause notifications without impacting your account functionality, you may use the “Vacation Mode” feature within the app.

Emergency contacts may opt out of receiving messages at any time by replying STOP. However, doing so may prevent them from receiving important notifications on your behalf.

Check On Me™ is not a substitute for emergency services. In the event of an emergency, always contact 911.

By downloading, accessing, or subscribing to Check On Me™, you agree to these Terms.

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1. Nature of the Service

Check On Me™ is a daily wellness check-in notification service.

It is NOT:

• An emergency response service

• A 911 service

• A medical provider

• A healthcare service

• A law enforcement dispatch system

We do not contact emergency services.

The App should not be relied upon in situations requiring immediate emergency assistance.

In the event of an emergency, call 911 (United States or Canada) directly.

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2. No Guarantee of Performance

We do not guarantee:

• SMS delivery

• Push notification delivery

• Continuous uptime

• Internet connectivity

• Cellular connectivity

• Third-party platform reliability

Notification failures may occur due to:

• Internet outages

• Firebase outages

• Project Broadcast outages

• Carrier issues

• Apple/Google system failures

• Device shutdown

• Emergency contact device shutdown

You acknowledge that missed notifications may occur.

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3. User Responsibilities

You agree to:

• Provide accurate information

• Maintain updated emergency contacts

• Obtain permission from emergency contacts to receive SMS notifications

• Maintain device connectivity

• Enable notifications

Failure to meet these responsibilities may result in notification failure.

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4. Subscription & Billing

Monthly Plan

• Includes 7-day free trial

• Billed on Day 7

• Automatically renews monthly

• No refunds after billing

• Must cancel at least 72 hours before billing date

Annual Plan

• Billed upfront

• No trial

• No refunds

• Must cancel at least 72 hours before renewal

Payments are processed via Stripe.

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5. No Refund Policy

All subscription payments are final.

No refunds are provided after billing.

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6. Limitation of Liability

To the maximum extent permitted by law:

Taking Charge Inc., its owners, developers, affiliates, employees, and contractors shall NOT be liable

for:

• Injury

• Death

• Emotional distress

• Missed notifications

• Failure to escalate

• Service outages

• Indirect or consequential damages

Total liability shall not exceed the amount paid by you in the previous 12 months.

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7. Indemnification

You agree to indemnify and hold harmless Taking Charge Inc. from claims arising from:

• Unauthorized emergency contact data

• Failure to obtain consent

• Misuse of the App

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8. Binding Arbitration & Class Action Waiver

Any dispute shall be resolved exclusively by binding arbitration administered by the American

Arbitration Association (AAA) under its Consumer Arbitration Rules.

Arbitration shall take place in the State of Ohio, United States.

You waive:

• Jury trial

• Participation in class actions

• Consolidation of claims

Arbitration shall occur on an individual basis only.

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9. Governing Law

These Terms are governed by the laws of the State of Ohio, United States.

For Canadian users, applicable provincial consumer protection laws shall apply where required.

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10. Apple App Store Provision

If downloaded via Apple:

• Apple is not responsible for the App

• Apple has no maintenance obligation

• Apple is not liable for claims

• Apple is a third-party beneficiary of these Terms

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11. Force Majeure

We are not liable for failure or delay due to causes beyond our control, including:

• Natural disasters

• Internet outages

• Carrier failures

• Government actions

• War

• Cyberattacks

• Pandemics

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12. Termination

We may suspend or terminate accounts for violations of these Terms.

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13. Changes to Terms

We may update these Terms at any time.

Continued use constitutes acceptance.