Terms of Service

Effective date: May 4, 2026

Welcome to Hello Dear. These Terms of Service ("Terms") govern your use of the Hello Dear mobile application ("App") and related services ("Service") operated by Luis Roberto Vazquez Benavidez ("we," "us," or "our").

Please read these Terms carefully before using the App. By downloading, installing, or using Hello Dear, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By creating an account or using any part of the Hello Dear service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Luis Roberto Vazquez Benavidez.

If you are using the App on behalf of another family member or household, you represent that you have the authority to bind that person to these Terms as well.

2. Eligibility

You must be at least 18 years of age to create an account and use Hello Dear. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Your Account

To use Hello Dear, you must sign in using Sign in with Apple. This is the only authentication method supported by the App.

You are responsible for maintaining the security of your Apple ID and any activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

You may only maintain one active Hello Dear account per Apple ID.

4. Description of Service

Hello Dear is a wellness monitoring service designed for family members who want to stay informed about the well-being of elderly relatives who live alone. The Service works as follows:

Daily AI-powered phone calls: Our automated system places daily phone calls to your enrolled senior loved one. The calls are conversational and conducted by an AI assistant that checks in on their well-being.
Wellness reports and insights: Based on the content and analysis of each call, Hello Dear generates wellness classifications and reports that you can view in the App.
Push notifications: You receive alerts and updates about your loved one's wellness status, including when calls are completed and if any concerns are identified.
Authorization call: Before daily calls begin, the Service makes an authorization call to the senior to explain how Hello Dear works and to obtain their verbal consent to participate.

The senior never needs to download or use an app. They simply answer their phone when Hello Dear calls.

6. Subscription and Payment

Hello Dear is a paid subscription service. Access to the Service requires an active subscription.

Subscription plans: We offer weekly and monthly subscription plans. Current pricing is displayed in the App and on the Apple App Store.
Payment processing: All payments are processed entirely by Apple through the App Store. We do not collect, store, or process any payment information directly.
Automatic renewal: Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.
Free trials: If a free trial is offered, the specific terms (duration and transition to paid subscription) are governed by Apple's policies and will be clearly displayed before you subscribe.
Cancellation: You may cancel your subscription at any time through your Apple ID account settings. Cancellation takes effect at the end of the current billing period. You will continue to have access to the Service until your current period expires.
Refunds: Refund requests are handled by Apple in accordance with Apple's refund policies. We do not process refunds directly.

7. Important: AI-Generated Content Disclaimer

Please read this section carefully. It contains critical information about the limitations of the Hello Dear service.

All wellness reports, classifications, insights, and assessments provided by Hello Dear are generated by artificial intelligence. You acknowledge and agree to the following:

Not medical advice: Hello Dear is NOT a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking it because of information provided by Hello Dear.
Not a medical device: Hello Dear is NOT a medical device, healthcare service, or clinical tool. It is not regulated as such and should not be treated as one.
Not an emergency service: Hello Dear is NOT an emergency service. If you believe your loved one is in immediate danger or experiencing a medical emergency, call 911 or your local emergency services immediately. Do not wait for or rely on Hello Dear notifications.
AI limitations: AI-generated assessments may contain errors, inaccuracies, or misinterpretations. The AI may fail to detect serious health conditions, may misclassify a senior's wellness state, or may not capture the full picture of their situation from a phone call alone.
Not sole monitoring: You should never rely solely on Hello Dear for monitoring the health, safety, or well-being of your loved one. Hello Dear is intended to supplement, not replace, regular personal contact, in-person visits, and professional care.
Call limitations: There is no guarantee that every scheduled call will be completed successfully. The senior may not answer, calls may be affected by phone service issues, or technical problems may prevent a call from occurring.

By using Hello Dear, you expressly acknowledge that you understand these limitations and agree not to rely on the Service as your sole means of ensuring your loved one's safety or health.

8. User Responsibilities

As a user of Hello Dear, you agree to:

Provide accurate and complete information about the senior you enroll, including their correct name, phone number, preferred language, and timezone.
Keep the senior's information up to date and promptly correct any errors.
Ensure that the phone number you provide for the senior is correct and active, and that the senior is able to receive phone calls at that number.
Obtain and maintain the senior's informed consent for receiving daily calls from Hello Dear.
Not use the Service to harass, stalk, or conduct surveillance of any person without their knowledge and consent.
Comply with all applicable local, state, national, and international laws regarding phone call recording, monitoring, and data collection.
Not rely on Hello Dear as your sole means of ensuring the safety or well-being of your loved one.

9. Prohibited Uses

The following uses of Hello Dear are strictly prohibited:

Enrolling without consent: Enrolling any person in Hello Dear without their knowledge and informed consent.
Enrolling minors: Enrolling anyone under the age of 18 as a senior call recipient. The Service is designed exclusively for adult seniors.
Medical decision-making: Using Hello Dear reports or assessments as the basis for medical decisions without consulting a qualified healthcare professional.
Reverse engineering: Attempting to reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or AI models used by Hello Dear.
Service abuse: Attempting to manipulate, overload, or interfere with the Hello Dear service or its infrastructure.
Unauthorized access: Attempting to access accounts, data, or systems that do not belong to you.
Harmful use: Using the Service for any purpose that is illegal, harmful, or intended to cause distress to any person.

10. Intellectual Property

All content, features, and functionality of the Hello Dear App and Service, including but not limited to the software, design, text, graphics, logos, icons, AI models, algorithms, and user interface, are the exclusive property of Luis Roberto Vazquez Benavidez and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for its intended purpose in accordance with these Terms. This license does not grant you any ownership rights in the App or its content.

The name "Hello Dear," the Hello Dear logo, and all related branding are trademarks of Luis Roberto Vazquez Benavidez. You may not use these marks without prior written permission.

11. Limitation of Liability

The Hello Dear Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not warrant or guarantee that:

The Service will be uninterrupted, timely, secure, or error-free.
Every scheduled call will be completed successfully.
Wellness assessments or reports will be accurate, complete, or reliable.
Notifications will be delivered promptly or at all.
The Service will detect all health concerns or changes in a senior's condition.

In no event shall Luis Roberto Vazquez Benavidez be liable for:

Any indirect, incidental, special, consequential, or punitive damages.
Any loss or damage arising from missed calls, inaccurate wellness assessments, or delayed notifications.
Any medical decisions made based on information provided by the Service.
Any injury, harm, or loss suffered by any senior enrolled in the Service.
Any damages resulting from unauthorized access to or alteration of your account or data.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to these Terms or the Service shall not exceed the total amount of subscription fees you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to defend, indemnify, and hold harmless Luis Roberto Vazquez Benavidez from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

Your use of the Hello Dear Service.
Your violation of these Terms.
Your enrollment of a senior without obtaining proper consent.
Your violation of any applicable law or regulation, including laws related to phone call recording or monitoring.
Any claim by a third party (including any enrolled senior) arising from your use of the Service.

13. Termination

By you: You may delete your account at any time by going to Settings and selecting "Delete Account" within the App. Upon account deletion, your active subscription will not be automatically cancelled; you must cancel your subscription through your Apple ID settings separately to avoid further charges.

By us: We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe that you have violated these Terms, including but not limited to enrolling a senior without their consent or using the Service for prohibited purposes.

Effect of termination: Upon termination or account deletion, all data associated with your account, including wellness reports, call history, and senior profiles, will be permanently deleted. This action is irreversible. Any obligations that by their nature should survive termination (including indemnification, limitation of liability, and intellectual property provisions) will continue to apply.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, the Service, or applicable law. When we make material changes, we will update the "Effective date" at the top of this page and may notify you through the App or via push notification.

Your continued use of Hello Dear after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and delete your account.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising out of or relating to these Terms or the Service shall be resolved in the courts of competent jurisdiction within the United States.

You agree to attempt to resolve any dispute informally by contacting us at hello@hellodear.app before initiating any formal legal proceedings.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Luis Roberto Vazquez Benavidez regarding your use of Hello Dear and supersede all prior agreements and understandings, whether written or oral.

18. Contact Us

If you have any questions, concerns, or feedback about these Terms of Service, please contact us at:

Email: hello@hellodear.app
Website: hellodear.app