Terms of Service and User Agreement
Last Updated: August 1, 2026
Operated by: WhiteCap Associates, LLC
PLEASE READ CAREFULLY: THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
PART 1: HOW IT WORKS (Service Description)
Before you agree to the legal terms below, we want to ensure you clearly understand how RU-Alive? functions.
1. The Concept
This Application is a situational awareness app designed to facilitate communication. It is explicitly not an alarm system, a medical device, or a replacement for a call to 911 or other emergency services.
2. The Notification Mechanism & Automated Audits
- The Timer: You set a timeframe during which your phone would normally move.
- The Reset: The App monitors your device's accelerometer in the background to conduct automated audits. Whenever you move your phone significantly, the timer automatically resets to zero. You do not need to open the App to reset it.
- The Notification: If the timer reaches its limit without detecting movement, the App will automatically send an SMS/Text Message to the designated contact(s) you have chosen.
3. The "Low Battery" Safety Net
- The Trigger: If your device battery drops below 5%, the App will attempt to automatically send a notification to your designated contacts.
- The Benefit: This informs your contacts that a lapse in communication may be due to a dead battery, not necessarily an emergency.
4. Technical Limitations
- Network Dependence: Both the inactivity alert and the low battery alert require an active cellular signal or WiFi connection to send.
- Device Shutdown: If the device powers down or fails before the signal can be sent, the alert may not be delivered.
5. The Critical Disclaimer
This is not 911. This App cannot call an ambulance. It simply dispatches an automated audit message to your designated contact. It is entirely up to that contact to determine the appropriate next steps.
PART 2: LEGAL TERMS OF SERVICE
1. Acceptance of Terms
By downloading, installing, or using RU-Alive? (the "Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Application. These Terms are a binding legal agreement between you and WhiteCap Associates, LLC ("we," "us," or "Company").
2. Not a Safety or Emergency Service
BY USING THIS APP, YOU ACKNOWLEDGE AND AGREE THAT:
- (a) The Application is a situational awareness tool intended to facilitate automated communication.
- (b) The Application is NOT a replacement for emergency services (911/SOS), professional medical monitoring, or personal emergency response systems (PERS).
- (c) We do not guarantee that the Application will detect every instance of inactivity, nor do we guarantee that an alert will be successfully delivered to your designated contact.
- (d) You must not rely on this Application as your sole method of safety or well-being monitoring.
3. Technical Requirements and Failures
The Application relies on hardware and networks outside of our control. We are not liable for the failure of the Application to function due to:
- Battery Failure: The Application cannot operate if the device is powered off or the battery is fully depleted.
- Connectivity: The sending of alerts requires an active cellular network or internet connection.
- Device Settings: Use of restrictive background battery optimizations or "Airplane Mode" may prevent the Application from sending alerts.
- Sensor Limitations: The accelerometer is hardware that may malfunction or fail to register movement.
4. User Responsibilities
- Designated Contacts: You are solely responsible for ensuring your designated contacts' phone numbers are entered correctly and that those individuals have explicitly agreed to receive alerts from you.
- False Alarms: You acknowledge that the Application may generate "false positives" and you agree to inform your designated contacts that a false alarm is a possibility.
5. Subscription and Payment (If Applicable)
- Payment will be charged to your Apple ID or Google Play account at confirmation of purchase.
- Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period.
- We reserve the right to change our pricing terms at any time, with notice provided to you.
6. Intellectual Property
The Application, including its proprietary motion auditing framework, code, design, and branding, is the exclusive property of WhiteCap Associates, LLC. You are granted a limited, non-exclusive, non-transferable license to use the Application for your personal, non-commercial use.
7. Limitation of Liability
To the fullest extent permitted by law: In no event shall WhiteCap Associates, LLC, its partners, officers, directors, and affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, data, or physical harm, injury, or death, arising out of or in connection with your use of or inability to use the application. Our total liability to you for any claims arising from the use of the application shall not exceed the amount you paid to us for the application in the twelve (12) months preceding the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless WhiteCap Associates, LLC and its partners, officers, and employees from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your violation of these Terms or your use of the Application, including any disputes arising between you and your designated contacts regarding the receipt (or non-receipt) of alerts.
9. Modifications to the App
We reserve the right to modify, suspend, or discontinue the Application at any time with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions.
11. Contact Us
If you have any questions about these Terms, please contact us at:
Email: support@ru-alive.com
Mailing Address:
WhiteCap Associates, LLC
P.O. Box 4866
Ketchum, ID 83854
Phone:(208) 450-3250