Terms of Service

Effective: March 2026

1. About Tendwell

Tendwell ("Service") is operated by Tendwell Inc. ("we," "us," "our"). The Service provides an AI-powered voice companion for older adults and a family dashboard for their loved ones. The Service is currently in beta and is provided as-is while we continue to improve it.

2. Eligibility and Accounts

You must be at least 18 years old to create a Tendwell family account. By setting up Tendwell for a parent or loved one, you represent that you have their knowledge and consent, or the legal authority to act on their behalf. Each family code is unique to your family — do not share it publicly.

3. Not a Medical Device

Tendwell is not a medical device, emergency service, or substitute for professional healthcare. It does not diagnose, treat, or monitor medical conditions. The AI companion may ask about medications or wellness as part of friendly conversation, but this is not medical advice. Wellness flags on the family dashboard (such as mood indicators or mentions of pain) are conversational observations, not clinical assessments.

Do not rely on Tendwell as a fall detection system, medical alert device, or emergency response tool. If your loved one has a medical emergency, call 911 or your local emergency number. We strongly recommend maintaining dedicated medical alert systems and regular in-person check-ins alongside Tendwell.

4. The AI Companion

Tendwell uses artificial intelligence to have conversations with your loved one. While we design it to be warm, patient, and respectful, AI can occasionally produce unexpected, inaccurate, or inappropriate responses. We continuously work to improve quality, but we cannot guarantee that every response will be perfect. You understand that your loved one is interacting with an AI system, not a human.

5. Privacy and Data

Your privacy is central to our mission. Our handling of your data is governed by our Privacy Policy, which is incorporated into these Terms. In brief: we never sell your data, we never use cameras, and we never share health-related information with insurers or other third parties without your explicit consent.

6. Beta Program

Tendwell is currently offered as a free beta to a limited number of families. During the beta period, the Service may experience interruptions, bugs, or changes without notice. We may limit, suspend, or modify features at any time. Beta participants receive the Service and any associated hardware (including radar sensor kits) at no charge for the duration of the beta period.

When the beta period ends, we will give you at least 30 days' written notice before any charges begin. At that time, you may choose to convert to a paid subscription or cancel your account. If you choose not to convert, all Tendwell-owned hardware must be returned in accordance with Section 8 below.

Beta participants may be asked to provide feedback, participate in surveys, or share anonymized usage insights to help improve the Service. Participation in feedback is voluntary and does not affect your access to the beta.

7. Subscription Plans and Billing

7.1 Pricing. Following the beta period, Tendwell is offered as a monthly subscription at the then-current rate (currently $39 per month per household). Pricing may change with at least 30 days' notice. Your subscription includes access to the AI companion for one senior, the family dashboard for up to five family members, and ongoing software updates.

7.2 Billing Cycle. Subscriptions are billed monthly on the anniversary of your start date. Payment is processed automatically through our payment provider (currently Stripe). You are responsible for keeping your payment method current. If a payment fails, we will attempt to charge your payment method up to three times over a 10-day period. If all attempts fail, your Service may be suspended until payment is received.

7.3 Taxes. Subscription fees are exclusive of applicable sales tax, use tax, or other governmental charges. You are responsible for any taxes associated with your subscription, except for taxes based on Tendwell's net income.

7.4 No Refunds. Subscription payments are non-refundable except where required by applicable law. If you cancel mid-cycle, your access continues through the end of your current billing period, but no partial refund will be issued for the remaining days.

8. Hardware, Sensor Kits, and Equipment

8.1 Sensor Kit Ownership. As part of the Tendwell Service, you may receive a radar sensor kit for installation in your loved one's home. During the beta period and for the first three (3) months of any paid subscription, the sensor kit remains the property of Tendwell Inc. ("Hardware Vesting Period"). After three consecutive months of paid subscription (totaling at least $117 in subscription payments), ownership of the sensor kit transfers to you permanently and becomes yours to keep regardless of future cancellation.

8.2 Return Obligation. If you cancel your subscription or your account is terminated for any reason before the Hardware Vesting Period is complete, you must return all Tendwell-owned sensor hardware within fourteen (14) days of cancellation. We will provide a prepaid return shipping label upon request. Hardware must be returned in reasonable working condition, normal wear and tear accepted.

8.3 Failure to Return. If hardware is not returned within 14 days of the return request, Tendwell reserves the right to charge the payment method on file a hardware replacement fee of $75 per sensor kit. This fee reflects the replacement cost of the hardware, not a penalty. You will receive at least two email reminders before any charge is made.

8.4 Damaged or Defective Hardware. If your sensor kit arrives damaged or develops a defect during normal use within the first 12 months, we will replace it at no charge. Damage caused by misuse, water exposure, tampering, or unauthorized modification is not covered. After 12 months, replacement sensors are available at cost (currently $35 per unit).

8.5 Installation and Care. Sensor kits are designed for simple self-installation (peel-and-stick mounting, standard power outlet). You agree to install and use the hardware in accordance with the included instructions. Do not open, disassemble, or modify the sensor unit. The sensor must be installed indoors in a dry environment. Tendwell is not responsible for any damage to your property caused by improper installation.

8.6 Tablets and Third-Party Devices. Tendwell does not provide tablets or other display devices as part of the standard consumer subscription. Any tablets you use to access the companion are your own property and are not covered by these terms. If you purchase a pre-configured device through Tendwell, that device is yours from the date of purchase and is not subject to the return obligations above.

9. Cancellation and Termination

9.1 Cancellation by You. You may cancel your subscription at any time by contacting us at hello@tendwell.ai or through your account settings when available. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through that date.

9.2 What Happens When You Cancel. Upon cancellation: (a) access to the AI companion will end at the conclusion of your billing period; (b) the family dashboard will become read-only for 30 days, allowing you to review or export conversation summaries; (c) after 30 days, your data will be permanently deleted unless you request earlier deletion or unless required by law to be retained; (d) if the Hardware Vesting Period is not yet complete, you must return Tendwell-owned equipment per Section 8.2.

9.3 Termination by Tendwell. We may suspend or terminate your access if you materially violate these Terms, engage in abusive or harmful use of the Service, or fail to pay subscription fees after repeated notice. We will make reasonable efforts to notify you before termination except in cases of serious misuse. If we terminate your account without cause, any unvested hardware becomes yours and no return is required.

9.4 Pause Option. If you need to temporarily stop your subscription (for example, if your loved one is hospitalized or traveling), you may request a pause of up to 60 days per calendar year. During a paused subscription, no charges are billed, the companion is inactive, and the family dashboard remains accessible in read-only mode. Paused time does not count toward the Hardware Vesting Period. Contact us at hello@tendwell.ai to request a pause.

10. Acceptable Use

You agree not to: attempt to reverse-engineer, exploit, or misuse the Service; use the Service for any unlawful purpose; share your family code with anyone outside your family circle; attempt to extract, scrape, or bulk-download conversation data through automated means; use the Service in a way that could harm, confuse, or distress the person using the companion; resell, sublicense, or commercially redistribute access to the Service; or attempt to interfere with, disable, or circumvent the sensor hardware's functionality or data collection.

11. Intellectual Property

The Tendwell name, logo, companion personality, website, software, sensor hardware designs, and all related materials are owned by Tendwell Inc. or its licensors. Your conversations belong to you — see our Privacy Policy for details on how we handle conversation data. You may not copy, reproduce, or create derivative works from our Service. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Service as described herein.

12. Limitation of Liability

To the maximum extent permitted by law, Tendwell Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. This includes, without limitation, any harm arising from: reliance on wellness observations provided by the Service; AI companion responses; service interruptions or outages; data loss; sensor hardware malfunctions; false or missed wellness alerts; or any decisions made based on information provided by the Service.

Our total aggregate liability for all claims arising from or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) one hundred dollars ($100).

You acknowledge that Tendwell is a companionship and general wellness awareness tool. It is not a substitute for in-person care, professional medical monitoring, or emergency response systems. You agree that you will not hold Tendwell liable for any adverse outcomes that could have been prevented by professional medical care, in-person supervision, or dedicated medical alert systems.

13. Indemnification

You agree to indemnify, defend, and hold harmless Tendwell Inc., its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another person; or (d) any claim that your use of the Service caused damage to a third party. This indemnification obligation survives termination of your account and these Terms.

14. Disclaimer of Warranties

The Service, including all software, hardware, AI companion responses, and wellness observations, is provided "as is" and "as available" without warranties of any kind, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability. We do not warrant that: the Service will be uninterrupted or error-free; wellness observations will be accurate, complete, or timely; the sensor hardware will detect all events or conditions; or the AI companion will always respond appropriately.

15. Dispute Resolution

15.1 Informal Resolution. Before filing any formal legal action, you agree to contact us at hello@tendwell.ai and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration. If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall take place in Richland County, Ohio, or at your election, remotely via video conference. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver. You agree to resolve disputes with Tendwell on an individual basis. You waive any right to participate in a class action, class arbitration, or representative proceeding against Tendwell.

15.4 Small Claims Exception. Either party may bring an individual action in small claims court in Richland County, Ohio, if the claim falls within that court's jurisdiction.

16. Changes to These Terms

We may update these Terms from time to time. We will notify registered family members by email at least 14 days before material changes take effect. For changes to pricing, hardware policies, or data handling practices, we will provide at least 30 days' notice. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree with the updated Terms, you may cancel your subscription in accordance with Section 9.

17. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law principles. To the extent litigation is permitted under these Terms, it shall be conducted in the courts of Richland County, Ohio, and you consent to the personal jurisdiction of those courts.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tendwell Inc. regarding the Service and supersede all prior agreements, communications, and understandings, whether written or oral.

20. Contact Us

Questions about these Terms? Reach us at hello@tendwell.ai.

Tendwell Inc.
Mansfield, Ohio
hello@tendwell.ai