1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Alethiom LLC (“Alma,” “we,” “us,” or “our”), governing your access to and use of our website (heyalma.ai), mobile application, and AI-powered phone-based wellness check-in service (collectively, the “Service”).

By creating an account, subscribing to a plan, or using any part of the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you are a Caregiver setting up the Service on behalf of an Elder, you represent and warrant that: (a) you have the legal authority to agree to these Terms on the Elder’s behalf, whether through the Elder’s direct informed consent, a valid power of attorney, legal guardianship, or healthcare proxy; and (b) the Elder has been informed about and consents to receiving AI-powered phone calls and having their information processed as described in our Privacy Policy. We may require documentation of legal authority at our discretion.

2. Definitions

“Caregiver” means the individual who creates an account and manages the Service on behalf of an Elder.

“Elder” means the older adult who receives AI companion calls through the Service.

“Content” means any information generated through the Service, including conversation transcripts, health metrics, cognitive assessment data, biography fragments, recipes, call summaries, and any compiled biography documents.

“PHI” means Protected Health Information as defined under the Health Insurance Portability and Accountability Act (HIPAA).

3. Eligibility

To use the Service, you must be at least 18 years of age and capable of forming a binding contract. The Service is designed for older adults and their adult family caregivers within the United States. By using the Service, you represent that you meet these eligibility requirements.

4. Account Registration and Security

To access the Service, you must create an account by providing accurate, current, and complete information, including your name, email address, and phone number. You may authenticate via email and password, phone-based one-time password (OTP), or third-party OAuth providers (such as Google or Apple).

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at info@heyalma.ai if you become aware of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or incomplete, or if we reasonably believe your account has been compromised. We will provide you with notice and an opportunity to cure before suspension or termination except where immediate action is required to protect the security of the Service or other users.

5. Description of Service

Alma provides the following services. All features described below are informational and companionship tools only and do not constitute medical care, clinical monitoring, or emergency response services (see Section 7):

• AI Companion Calls: Automated, AI-powered phone calls to Elders at scheduled times for wellness check-ins and friendly conversation. Calls are conducted via telephone (landline or mobile) and, where available, through the Alma mobile application. All calls are placed using automated technology.

• Health and Wellness Monitoring: During calls, Alma may ask about the Elder’s mood, sleep, appetite, pain, medication adherence, and physical activity. These self-reported health metrics are tracked over time and made available to the Caregiver through the app dashboard. This monitoring is informational only and is not a substitute for clinical health monitoring by a qualified healthcare provider.

• Cognitive Wellness Exercises: Optional cognitive exercises administered during calls to track cognitive wellness trends. These exercises are not diagnostic tools and do not constitute a clinical cognitive assessment.

• Biographical Story Collection: Guided conversations that capture the Elder’s life stories, memories, and experiences, which may be compiled into a published biography document for the family’s private use.

• Caregiver Dashboard: A mobile application that provides the Caregiver with call summaries, health metrics, wellness trends, alerts, and biography progress.

• Notifications and Alerts: Automated notifications sent to the Caregiver via email, SMS, or push notification when significant events occur, such as missed check-ins, reported pain, or changes in wellness patterns. Alerts are informational and do not constitute medical alerts.

6. Telephone Consumer Protection Act (TCPA) Consent

The Service involves automated, AI-generated phone calls placed to the Elder’s phone number using automatic telephone dialing systems and/or prerecorded/artificial voice technology. By enrolling an Elder in the Service:

• The Caregiver represents that the Elder (or the Caregiver on behalf of the Elder, where legally authorized) expressly consents to receive autodialed and/or AI-generated calls from Alma at the phone number provided.

• The Caregiver confirms that the Elder has been informed that the calls are AI-generated and automated.

• Consent to receive automated calls is not a condition of purchasing or using any other Alma service or product.

• Message and data rates may apply depending on the Elder’s phone plan.

6.1 Revocation of TCPA Consent

The Elder or Caregiver may revoke consent to receive automated calls at any time by:

• Telling Alma during any call: “Stop calling me,” “I don’t want calls anymore,” or similar language.

• Calling our support line at [phone number to be added].

• Emailing info@heyalma.ai with the subject line “Stop Calls.”

• Canceling the subscription through the app.

Upon revocation, automated calls will cease within 2 business days. Revocation of TCPA consent is independent of subscription cancellation; you may revoke call consent while maintaining your account for data access purposes.

7. Medical Disclaimer

ALMA IS NOT A MEDICAL SERVICE, HEALTHCARE PROVIDER, OR EMERGENCY RESPONSE SYSTEM. THE SERVICE IS A WELLNESS AND COMPANIONSHIP TOOL DESIGNED TO SUPPORT DAILY CHECK-INS AND SOCIAL ENGAGEMENT FOR OLDER ADULTS.

The Service does not diagnose, treat, cure, or prevent any disease or medical condition. Health metrics collected during calls are self-reported by the Elder and are not clinically validated. Cognitive wellness exercises are not diagnostic tools and do not constitute a medical assessment. No information provided through the Service should be interpreted as a clinical finding or medical recommendation.

The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare provider with any questions regarding a medical condition. Never disregard professional medical advice or delay seeking it because of information provided through the Service.

IN CASE OF A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY. ALMA DOES NOT PROVIDE EMERGENCY RESPONSE SERVICES AND IS NOT A SUBSTITUTE FOR IN-HOME CARE, MEDICAL ALERT SYSTEMS, OR PERSONAL EMERGENCY RESPONSE SYSTEMS (PERS).

8. Elder Safety

Alma is committed to the safety and well-being of Elders using our Service. If during a call an Elder discloses or the AI detects indicators of potential abuse, neglect, self-harm, or exploitation:

• The AI will respond with empathy and, where appropriate, encourage the Elder to contact a trusted person, a healthcare provider, or emergency services.

• Alma may, at its discretion, flag the call for internal review by authorized Alma personnel.

• Alma may notify the designated Caregiver of a welfare concern, unless the Caregiver is the suspected source of harm.

• Alma may report suspected elder abuse, neglect, or exploitation to appropriate authorities as permitted or required by applicable law, including Virginia Code § 63.2-1606 and equivalent statutes in other jurisdictions.

Alma does not undertake a duty to monitor for or detect elder abuse, and the absence of a report from Alma does not indicate the absence of abuse or neglect. Caregivers and family members retain primary responsibility for the Elder’s safety and welfare.

9. Consent and Authorization

By setting up the Service for an Elder, the Caregiver represents and warrants that:

• The Elder has been informed that they will receive AI-powered, automated phone calls from Alma.

• The Elder understands that conversations will be transcribed and that health and wellness information will be collected during calls.

• The Elder consents to sharing conversation summaries, health data, and wellness updates with the designated Caregiver.

• The Elder understands they may end any call at any time by hanging up, with no obligation to continue.

9.1 Legal Authority

Consent must be established through one of the following paths, in order of preference:

• (a) Elder Direct Consent (Primary Path): The Elder has been directly informed about the Service, understands its nature, and has personally consented to enrollment. During the first call, Alma will verbally verify the Elder’s consent and log this verification with a timestamp.

• (b) Caregiver Legal Authority (Fallback for Incapacity): If the Elder is unable to provide informed consent due to cognitive impairment or other incapacity, the Caregiver must hold a valid power of attorney, legal guardianship, healthcare proxy, or other legal instrument authorizing them to act on the Elder’s behalf. We reserve the right to request documentation of this authority at any time.

9.2 Elder’s Independent Rights

Regardless of how consent was established, the Elder retains the following independent rights at all times:

• The right to end any individual call by hanging up.

• The right to revoke consent to all future calls through any of the methods described in Section 6.1, without needing the Caregiver’s involvement or approval.

• The right to request that certain topics not be discussed during calls.

If the Elder revokes consent, the Caregiver will be notified that calls have been discontinued, but the Caregiver cannot override the Elder’s decision.

9.3 Withdrawal of Consent

The Elder or Caregiver may withdraw consent and discontinue the Service at any time by contacting us at info@heyalma.ai, using the in-app cancellation feature, or through the verbal/phone revocation methods described in Section 6.1.

10. Subscriptions, Billing, and Payment

10.1 Plans and Pricing

Alma offers subscription plans as described on our website and in the app. Plan features, pricing, and availability may change at any time. We will provide notice of material pricing changes to existing subscribers at least 30 days before they take effect. Current pricing will not change during an active billing period.

10.2 Free Trial and Auto-Renewal Disclosure

We may offer a free trial period for new subscribers. By enrolling in a free trial, you acknowledge and agree to the following:

• Trial Duration: The free trial lasts for the period specified at the time of enrollment.

• Automatic Conversion: At the end of the free trial, your subscription will automatically convert to a paid plan unless you cancel before the trial period ends. This is an automatic renewal and ongoing purchase.

• Renewal Price: After the trial, you will be charged the then-current subscription price for the plan you selected (monthly or annual), as displayed at the time of enrollment. The specific price will be disclosed to you before you provide your payment information.

• Advance Notice: We will send you a reminder via email and/or push notification at least 7 days before your free trial expires, including the date the trial ends, the price that will be charged, and instructions for how to cancel.

• Cancellation Before Conversion: You may cancel at any time before the trial ends to avoid being charged, using any of the methods described in Section 10.4.

• Acknowledgment: Upon enrollment, we will send you a confirmation that includes the free trial terms, the automatic renewal terms, the cancellation policy, and information on how to cancel.

10.3 Billing

Subscriptions are billed on a recurring basis, either monthly or annually, depending on the plan you select. All payments are processed by Stripe, Inc. By subscribing, you authorize us to charge your payment method on file at the beginning of each billing cycle.

You are responsible for providing accurate and current payment information. If a payment fails, we will notify you and may retry the charge. If payment is not received within 14 days, we may suspend the Service until payment is received. We will provide at least 7 days’ notice before suspension.

10.4 Cancellation and Refunds

You may cancel your subscription at any time through any of the following methods (cancellation is available through the same channels as signup):

• In the Alma mobile app (Settings > Subscription > Cancel).

• By emailing info@heyalma.ai.

• By contacting our support line at [phone number to be added].

Upon cancellation:

• Your subscription will remain active until the end of the current billing period.

• Alma will stop placing calls to the Elder at the end of the billing period.

• No additional charges will be incurred after cancellation is processed.

• No prorated refunds will be issued for the remainder of the current billing period.

If you believe you have been charged in error, please contact us within 60 days of the charge and we will review your request.

10.5 Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately, and the prorated difference will be charged to your payment method. Downgrades take effect at the beginning of the next billing cycle.

11. Acceptable Use

You agree to use the Service only for its intended purpose and in compliance with all applicable laws. You agree not to:

• Use the Service for any unlawful, harmful, or fraudulent purpose.

• Impersonate another person or misrepresent your authority to act on behalf of an Elder.

• Enroll an Elder in the Service without their knowledge or consent, or without legal authority to do so.

• Attempt to access another user’s account or data without authorization.

• Interfere with or disrupt the Service, its servers, or connected networks.

• Use the Service to collect or harvest personal information of other users.

• Reverse-engineer, decompile, or disassemble any part of the Service.

• Use the Service to transmit abusive, threatening, or harassing content to the AI companion.

• Use automated systems (bots, scripts, etc.) to interact with the Service without our written consent.

We reserve the right to suspend or terminate your account if you violate these terms, subject to the notice and cure provisions in Section 20.2.

12. Intellectual Property

12.1 Our Intellectual Property

The Service, including all software, AI models, algorithms, designs, text, graphics, and other materials, is owned by Alethiom LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on any part of the Service without our prior written consent.

12.2 Your Content

You retain ownership of any personal information and Content you provide through the Service, including biographical stories, recipes, and other personal narratives shared by the Elder. By using the Service, you grant us a limited, non-exclusive, revocable license to process, store, and display this Content solely for the purpose of providing and improving the Service. This license terminates upon deletion of your account and Content.

For biography compilation specifically, you grant us a license to organize, edit, and format the Elder’s biographical stories into a published document for your family’s private use. You may request deletion of all Content at any time, subject to our data retention policy described in our Privacy Policy.

12.3 Data Export

Upon cancellation or termination of your account, you have the right to export all Content associated with your account, including conversation transcripts, health metrics, biography fragments, recipes, and compiled biography documents. You may request an export in a structured, machine-readable format (JSON or PDF) by contacting info@heyalma.ai. We will fulfill export requests within 30 days. Content will remain available for export for 90 days following cancellation or termination, after which it will be deleted in accordance with our Privacy Policy.

13. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information, including health-related data. Our Privacy Policy is incorporated into these Terms by reference.

We implement administrative, technical, and physical safeguards aligned with HIPAA standards to protect health information collected through the Service. Where Alma operates as a Business Associate under HIPAA (e.g., in connection with contracts with healthcare providers or senior living facilities), we comply fully with applicable HIPAA requirements. For details, please refer to our Privacy Policy.

14. Accessibility

Alma is committed to making the Service accessible to all users, including those with disabilities. We design our Service with the needs of older adults in mind, including:

• Phone-based service delivery that does not require internet access or smartphone ownership.

• Adjustable AI voice speed and volume to accommodate hearing impairments.

• Plain-language conversation design to support users with varying cognitive abilities.

If you need an accommodation to use the Service, or if you encounter accessibility barriers, please contact us at info@heyalma.ai and we will work with you to provide reasonable accommodations.

15. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We warrant that we will provide the Service with reasonable care and skill consistent with generally accepted industry standards. However, without limiting the foregoing general disclaimer, we do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.

• The AI companion will always respond accurately, appropriately, or as expected.

• Health metrics, cognitive assessments, or wellness trends generated by the Service are clinically accurate or reliable.

• The Service will detect all health concerns, emergencies, or changes in the Elder’s condition.

• Phone calls will always connect successfully or that call quality will be consistent.

You acknowledge that AI technology has inherent limitations, including the possibility of generating inaccurate, incomplete, or inappropriate responses. You agree not to rely solely on the Service for any health, safety, or medical decisions.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALETHIOM LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Service.

• Any health decisions made based on information provided through the Service.

• Any failure of the Service to detect a health concern, emergency, or change in the Elder’s condition.

• Any unauthorized access to or alteration of your data or transmissions.

• Any conduct or content of any third party on the Service.

• Missed, delayed, or failed phone calls for any reason, including network issues or technical failures.

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 GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE THOUSAND DOLLARS ($5,000).

THE FOREGOING LIMITATIONS DO NOT APPLY TO CLAIMS ARISING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR MATERIAL BREACH OF OUR DATA SECURITY OBLIGATIONS AS DESCRIBED IN OUR PRIVACY POLICY.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

17. Indemnification

You agree to indemnify, defend, and hold harmless Alethiom LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your misrepresentation of legal authority to enroll an Elder in the Service, including enrollment without the Elder’s knowledge or valid legal authority.

• Your intentional misuse of the Service in violation of Section 11 (Acceptable Use).

• Your violation of any applicable law or regulation in connection with your use of the Service.

This indemnification obligation does not apply to claims arising from Alma’s own negligence, willful misconduct, or breach of these Terms.

18. Dispute Resolution

18.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at info@heyalma.ai and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Alma agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator.

At the claimant’s election, arbitration may be conducted: (a) in person in Arlington, Virginia; (b) by telephone; or (c) by video conference. We will not require in-person arbitration if it would impose an undue burden on the claimant.

Alma will pay all AAA filing fees and arbitrator compensation that exceed the equivalent filing fee the claimant would have paid to file in their local court of general jurisdiction. Each party shall bear its own attorneys’ fees unless the arbitrator awards fees to the prevailing party.

The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND ALMA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.

If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then the entirety of this arbitration agreement (Section 18) shall be deemed void as to that claim or request for relief only, and such claim or request for relief shall proceed in court rather than in arbitration.

18.4 Injunctive Relief Carve-Out

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration, without waiving the right to arbitrate the underlying dispute.

18.5 Small Claims Exception

Notwithstanding the above, either party may bring an individual claim in small claims court in Arlington, Virginia (or the claimant’s county of residence) if the claim falls within the court’s jurisdictional limits.

18.6 Opt-Out

You may opt out of this arbitration agreement by sending written notice to info@heyalma.ai within 30 days of first accepting these Terms. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, disputes will be resolved in accordance with Section 19 (Governing Law).

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. If the arbitration agreement in Section 18 does not apply (either because you opted out or a court finds it unenforceable), you agree to submit to the exclusive jurisdiction of the state and federal courts located in Arlington County, Virginia.

20. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• Non-Material Changes: We will post the updated Terms on our website with a revised “Last Updated” date.

• Material Changes: We will notify you via email and in-app notification at least 30 days before the changes take effect. Material changes include any modifications to the arbitration clause, liability limitations, billing terms, or TCPA consent provisions.

Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription. Upon cancellation due to disagreement with updated Terms, you may request a prorated refund for the unused portion of your current billing period.

21. Termination

21.1 Termination by You

You may terminate your account and stop using the Service at any time by canceling your subscription through the app or by contacting us at info@heyalma.ai. Upon termination, your right to use the Service will cease at the end of your current billing period. You may request a data export before termination in accordance with Section 12.3.

21.2 Termination by Us

We may suspend or terminate your account and access to the Service under the following circumstances:

• With 14 Days’ Notice: If you materially breach these Terms, we will notify you and provide 14 days to cure the breach. If the breach is not cured within 14 days, we may terminate your account.

• Immediate Termination: We may terminate your account immediately, without prior notice, only if: (a) you engage in fraud or conduct that poses a safety risk to an Elder or other users; (b) we are required to do so by law or legal process; or (c) we reasonably determine that continued service would violate applicable law.

• Service Discontinuation: If we discontinue the Service or a material portion of it, we will provide at least 60 days’ advance notice and a prorated refund for any prepaid, unused portion of your subscription.

In all cases of termination by us, we will provide you with an opportunity to export your Content in accordance with Section 12.3 before deletion occurs.

21.3 Effect of Termination

Upon termination, we will stop placing calls to the Elder. Your Content will remain available for export for 90 days following termination, after which it will be deleted in accordance with our Privacy Policy. You may request earlier deletion at any time.

The following sections survive termination: Sections 7 (Medical Disclaimer), 12 (Intellectual Property), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution), and 19 (Governing Law).

22. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Alma regarding the Service and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms upon 30 days’ written notice to you. Any assignment in connection with a merger, acquisition, or sale of assets will be subject to the provisions of Section 5 of our Privacy Policy (business transfers).

Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, power outages, internet failures, or government actions. If a force majeure event prevents us from placing calls for more than 14 consecutive days, you may cancel your subscription for a prorated refund.

Notices: We may provide notices to you via email, in-app notification, or by posting on our website. Notices to you are deemed given when sent to the email address associated with your account. You may provide notices to us by emailing info@heyalma.ai.

23. Contact Information

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

Alethiom LLC

1550 Wilson Blvd, Ste 700 PMB629

Arlington, VA 22209

General Inquiries: info@heyalma.ai

Privacy Officer: privacy@heyalma.ai

Support Line: [phone number to be added]