AgeWell
Terms of Service

1. Acceptance of Terms

By accessing, downloading, installing, or using the AgeWell Check mobile application ("App") or visiting agewellcheck.com or agewellwv.com (collectively "Sites"), owned and operated by AgeWell LLC ("We," "Us," or "Our"), doing business as AgeWell WV, you ("User," "You," or "Your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App or Sites. We reserve the right to update these Terms at any time, and such changes are effective upon posting. Continued use constitutes your acceptance of the updated Terms.

2. Company Information

AgeWell LLC is a company legally registered in the state of West Virginia, USA, and operates under the DBA AgeWell WV. The Sites and App are platforms provided by AgeWell LLC to support older adults aging in place, and to deliver certain occupational therapy services under applicable laws.

3. Purpose and Description of the App and Sites

The App and Sites are designed to provide tools and resources to assess and enhance home safety and personal well-being. Features include:

  • Recording and saving videos for personal review or sharing with providers.
  • Fall risk assessments and scored questions.
  • Tips, room safety checklists, emergency preparedness, and personal notes.
  • Links to external resources and safety products.

Information is for educational and self-help purposes only and does not replace professional or emergency services unless explicitly outlined.

4. Occupational Therapy Services

Users may submit self-referral requests for occupational therapy services via forms hosted on the App or Sites. These services are provided only within West Virginia by a licensed occupational therapist. Submitting a request requires your name, email, an optional phone number, and a reason for contact. You consent to be contacted for service coordination. Submitting a referral does not guarantee eligibility or service provision.

5. Security and Privacy

We use reasonable administrative, technical, and physical safeguards to protect your data. However, no system is completely secure. You agree not to hold AgeWell LLC liable for any data breach, loss, or unauthorized access. You are responsible for safeguarding your own information and account credentials.

6. Eligibility

You must be at least 18 years old or the age of legal majority in your jurisdiction to use the App or Sites. By using our services, you represent that you are eligible and legally capable of entering into binding agreements.

7. Proper Use of the App and Sites

You agree to use the App and Sites only for lawful and intended purposes. Prohibited uses include:

  • Harassing, abusing, or harming others.
  • Uploading malicious, infringing, or unlawful content.
  • Reverse engineering, tampering with, or disrupting services.
  • Using the App or Sites to replace medical or legal consultation.

8. User Content and Data

You are responsible for any content you submit. We do not guarantee backup or permanence of user data. If you share content with third parties, you assume all associated risks. Do not upload sensitive health information unless explicitly requested in a secure format.

9. Intellectual Property

All content, software, graphics, and trademarks are the property of AgeWell LLC. You may not reuse, distribute, or copy materials without express written permission, except for personal, non-commercial use.

10. Third-Party Links and Recommendations

The App and Sites may contain links or product recommendations (e.g., Amazon, AARP). We do not control these third-party platforms and are not responsible for their accuracy, safety, or reliability. Any purchases are at your own risk.

11. Medical and Legal Disclaimers

AgeWell Check and associated services are not substitutes for licensed medical, emergency, or legal services. The App is not a medical device. In an emergency, dial 911. No occupational therapy services are provided without formal assessment and written consent.

12. Disclaimer of Warranties

Services are provided "as is" and "as available." We disclaim all warranties, express or implied, including fitness for a particular purpose, merchantability, or non-infringement. We do not guarantee error-free performance or that the App will meet your expectations.

13. Limitation of Liability

To the fullest extent permitted by law, AgeWell LLC is not liable for any indirect, incidental, or consequential damages, including loss of data or financial harm, even if advised of the possibility. Total liability will not exceed the amount paid for using the App or services, if any.

14. Indemnification

You agree to indemnify, defend, and hold harmless AgeWell LLC and its affiliates from any claims, damages, liabilities, and expenses arising out of your misuse, violation of these Terms, or breach of applicable laws.

15. Termination

We may suspend or terminate your access at our sole discretion. Upon termination, we may delete your account or content without notice and without liability.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of West Virginia, USA. All disputes shall be resolved through binding arbitration in West Virginia under the rules of the American Arbitration Association. You waive the right to participate in class actions.

17. Miscellaneous

  • Entire Agreement: These Terms represent the full agreement between you and AgeWell LLC.
  • Severability: If any provision is found invalid, the rest remain enforceable.
  • No Waiver: Failure to enforce any part of these Terms does not constitute a waiver.
  • Force Majeure: We are not liable for delays or failures due to events outside our control.
  • Contact: For inquiries, email agewellwv@gmail.com.

18. Acknowledgment

By using AgeWell Check, visiting agewellcheck.com or agewellwv.com, or submitting a self-referral, you confirm that you have read, understood, and agreed to these Terms, including our limitations of liability and indemnity provisions.