1. Agreement and eligibility
These Terms of Use are a binding agreement between you and Famplified LLC (“Famplified,” “Always Near,” “we,” “us,” or “our”). By creating an account, checking the consent box, connecting a Bee account, or using the service, you agree to these Terms, our Privacy Policy, and our Data & AI Policy. You must be at least 18 years old and legally able to enter this agreement. If you do not agree, do not use Always Near.
2. What Always Near does
Always Near receives audio-derived conversation information from a Bee account, uses automated systems and artificial intelligence to look for user-selected categories of potential concern or change, and organizes those signals into alerts and summaries. You may direct us to share selected information with trusted contacts such as family, friends, or caregivers.
Always Near provides best-effort informational assistance only. It does not guarantee that an event occurred, that an interpretation is correct, that every concern will be identified, that a notification will arrive, or that any recipient will respond.
3. One owner account per Bee account
The wearer or person who controls the Bee account creates the Always Near owner account and completes consent. One active Always Near owner account may be connected to a Bee account at a time. Trusted contacts receive only the information and channels you authorize; they do not receive a separate owner login merely because they receive an alert. You must keep your credentials secure, provide accurate information, and promptly report suspected unauthorized access.
4. Your authorization and responsibilities
You authorize Always Near and its service providers to access and process the Bee-derived information necessary to provide the service, including automated and AI analysis, translation, summarization, categorization, delivery, security, and support. You direct us to disclose selected alerts and summaries to contacts you designate. You may change or withdraw future sharing choices through your account, subject to processing already completed and limited retention required for security, legal compliance, or dispute resolution.
You are responsible for using Bee and Always Near lawfully. Conversations may include other people. You must provide any notices and obtain any permissions required by applicable recording, wiretap, privacy, employment, health, or other laws. Do not use Always Near for covert surveillance, stalking, harassment, discrimination, law enforcement, employment decisions, insurance decisions, or any purpose that violates another person’s rights.
5. Not medical care, a medical device, or emergency monitoring
Always Near is not a medical device, medical or mental-health advice, a diagnosis, treatment, professional caregiving, home health care, continuous monitoring, a fall detector, or an emergency-response service. It is not designed or intended to diagnose, cure, mitigate, treat, or prevent a disease or condition. It does not replace normal caregiving, supervision, safety planning, medication management, a qualified professional, or standard medical care.
Do not delay or disregard professional medical advice because of anything in Always Near. Ask a qualified health professional about medical concerns. If you believe someone may be in danger, experiencing an emergency, or needs immediate help, call 911 or the appropriate local emergency service. Never wait for an Always Near alert.
6. AI and translation limitations
Artificial intelligence is probabilistic and unreliable. It can misunderstand speakers, context, tone, identity, timing, language, translation, humor, background audio, or incomplete source material. Outputs may be wrong, incomplete, biased, offensive, delayed, duplicated, or fabricated, and important concerns may be missed. “No alert” does not mean that everything is safe or normal.
You and every recipient must independently verify all AI-generated or AI-assisted alerts, summaries, translations, classifications, recommendations, and suggested follow-ups before relying on or acting on them. Never use an AI output as the sole basis for a medical, safety, legal, financial, or other high-impact decision.
7. Trusted contacts and communications
You may add, remove, and configure trusted contacts. You represent that you have the right to provide their contact details and direct us to contact them. Email, SMS, and voice delivery require the verification and opt-ins described in the service. Carrier, messaging, and data rates may apply. Verification of a contact method does not itself create consent for every channel. Delivery can fail or be delayed because of networks, providers, spam controls, device settings, or inaccurate information.
8. Acceptable use
You may not misuse the service, interfere with its operation, bypass safeguards, access another person’s account or data, introduce malware, probe for vulnerabilities without written permission, reverse engineer protected portions of the service except where law permits, submit unlawful or infringing material, or use outputs to exploit or harm anyone. We may suspend or terminate access when reasonably necessary to protect users, other people, the service, or Famplified.
9. Third-party services
Always Near depends on third-party products and services, including Bee, cloud infrastructure, AI models, identity, email, SMS, and calling providers. Their availability and performance are outside our control, and their own terms may apply to your direct use of them. Always Near is an independent product and is not a substitute for reviewing Bee’s terms and privacy practices.
10. Ownership and feedback
Famplified and its licensors own Always Near, including its software, design, branding, and documentation. These Terms give you a limited, revocable, non-exclusive, non-transferable right to use the service for its intended personal purpose. You retain rights in information you provide. You grant us the limited rights necessary to host, process, protect, and transmit it as described in these Terms and our policies. If you provide feedback, you permit us to use it without restriction or compensation, without identifying you publicly.
11. Changes, suspension, and termination
Features may change during the preview period. We may modify, suspend, or discontinue all or part of the service. You may stop using Always Near, disconnect Bee, remove contacts, or request account deletion. Provisions that by their nature should survive termination—including ownership, disclaimers, limits of liability, and dispute provisions—will survive.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALWAYS NEAR IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AVAILABILITY, OR THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAMPLIFIED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR OPPORTUNITY, ARISING FROM OR RELATED TO ALWAYS NEAR. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR US$100. These limitations do not apply where prohibited by law.
14. Indemnity
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Famplified and its affiliates, officers, employees, and contractors from claims, losses, liabilities, and expenses arising from your unlawful use of the service, your violation of these Terms, your failure to obtain legally required permissions, or your infringement of another person’s rights.
15. General terms
These Terms and the incorporated policies are the entire agreement about Always Near. If a provision is unenforceable, the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. You may not assign this agreement without our consent; we may assign it as part of a reorganization, financing, merger, acquisition, or sale of assets. Applicable law governs without regard to conflict-of-law rules, subject to any non-waivable consumer rights in your jurisdiction.
16. Changes and contact
We may update these Terms. If a change materially affects your rights or how we use previously collected data, we will provide appropriate notice and seek consent when required. Questions may be sent to info@email.famplified.com.