Terms of Service

By accessing or using the VesperVault mobile application and website at vespervault.app (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

VesperVault ("we," "us," or "our") reserves the right to update these Terms at any time. We will notify you of material changes through in-app notifications or email. Continued use of the Service after changes constitutes acceptance of the revised Terms.

You must be at least 13 years old (or 16 in the European Economic Area) to use the Service. By using the Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of another person (such as an elderly parent or family member), you represent that you have their consent to create an account and configure the Service on their behalf.

VesperVault is a safety check-in application that allows you to set periodic check-in timers and pre-write emergency messages. If you fail to check in within your configured timeframe and do not respond to escalation reminders, the Service automatically delivers your pre-written messages to your designated emergency contacts via SMS and email.

The Service also provides optional location tracking, voice call reminders, voice alerts to recipients, and a referral program.

Please read this section carefully. It contains critical information about the limitations of the Service.

Not an Emergency Service: VesperVault is NOT a substitute for emergency services (911, 999, 112, or local equivalents). In a life-threatening emergency, always contact emergency services directly. VesperVault is a supplementary safety tool, not a primary emergency response system.

No Guarantee of Delivery: While we use commercially reasonable efforts to ensure message delivery (via both SMS and email), we cannot guarantee that messages will be delivered in all circumstances. Delivery depends on factors outside our control, including recipient phone and email service availability, carrier filtering, network conditions, and third-party service uptime (Twilio, Resend).

No Guarantee of Response: We cannot guarantee that your emergency contacts will see, read, or act upon the messages delivered to them. The Service delivers messages; it does not ensure recipient action.

Connectivity Requirements: Certain features require internet connectivity. While the app tracks timers locally during offline periods, message delivery requires an active internet connection from our servers. Extended offline periods on your device may delay but not prevent escalation, as the server-side timer operates independently.

Accuracy of Information: The accuracy of location data, timing, and delivery logs depends on device capabilities, GPS signal quality, and third-party service accuracy. We do not warrant the precision of any data provided by the Service.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must provide accurate and complete information when creating your account and keep it up to date.

You are responsible for the content of all emergency messages you create. You agree not to use the Service to send messages that are illegal, threatening, harassing, defamatory, or that violate the rights of others.

You are responsible for obtaining appropriate consent from individuals you add as emergency contacts. Recipients have the right to opt out of receiving messages from you through the Service.

Free Trial: New users receive a 30-day free trial with full access to all features. No payment information is required for the free trial.

Free Tier: After the trial, accounts without a paid subscription revert to the free tier (1 message, 1 recipient, 1 SMS, 1 email per escalation cycle). The free tier remains active indefinitely.

Paid Plans: Monthly ($9.99/month) and Annual ($99/year) subscriptions are available with increased limits. Add-Ons provide additional capacity on top of base plans.

Payment Processing: Payments are processed by Stripe. By subscribing, you agree to Stripe's terms of service. Subscriptions automatically renew unless cancelled before the end of the billing period.

Cancellation: You may cancel your subscription at any time from the app Settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time, except within the first 14 days of a new subscription.

Refunds: Full refunds are available within 14 days of any new paid subscription. After 14 days, no refunds are issued.

Price Changes: We reserve the right to change pricing at any time. Existing subscribers will be given at least 30 days notice before any price increase takes effect on their account.

The VesperVault referral program allows users to earn commissions by referring new subscribers. Participation is subject to the following terms:

Referred users receive a 10% lifetime discount on all VesperVault subscriptions. Referrers earn tiered commissions (15-30%) on referred users' subscription payments for the first 12 months.

Commission tiers are determined by the number of active paying referral subscribers at the end of each month. Commissions clear after a 7-day window and are paid monthly when the balance reaches $25.

Self-referrals, fraudulent signups, duplicate accounts, and any form of abuse will result in immediate commission forfeiture and potential account suspension. We reserve the right to modify or terminate the referral program at any time with 30 days notice.

You agree not to use the Service to:

Send messages containing illegal content or content that facilitates illegal activity. Harass, threaten, or intimidate any person. Impersonate another person or entity. Send unsolicited commercial messages (spam) to your recipients. Attempt to gain unauthorized access to our systems or other users' accounts. Interfere with or disrupt the Service or its infrastructure. Use automated tools, bots, or scripts to interact with the Service except through our official API (if available). Abuse the referral program through self-referrals, fake accounts, or fraudulent activity.

We reserve the right to suspend or terminate accounts that violate these acceptable use policies. Rate limiting and abuse detection systems are in place to protect the Service and its users.

Emergency contacts (recipients) added by users have the following rights: the right to know they have been designated as an emergency contact, the right to opt out of receiving emergency messages, and the right to request removal from all user message lists.

All-clear notifications are sent automatically to recipients who received an emergency message when the user subsequently checks in, informing them that the situation has been resolved.

The Service, including its design, code, content, logos, and trademarks, is the property of VesperVault and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our written permission.

You retain ownership of all content you create within the Service (messages, contact lists, etc.). By using the Service, you grant us a limited license to store, process, and transmit your content solely for the purpose of providing the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VESPERVAULT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

Without limiting the foregoing, VesperVault is not liable for any damages or losses resulting from: failure or delay in message delivery, inaccurate location data, actions or inactions of your emergency contacts, interruption of Service due to maintenance or circumstances beyond our control, or your reliance on the Service as a primary emergency response system.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service or servers are free of viruses or other harmful components.

You agree to indemnify, defend, and hold harmless VesperVault and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from: your use of the Service, your violation of these Terms, the content of your emergency messages, your violation of any rights of a third party, or any dispute between you and your emergency contacts.

You may terminate your account at any time by deleting your account through the app Settings. Upon termination, your data will be permanently deleted within 30 days, except as required by law.

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or if we reasonably believe your account poses a risk to the Service or other users. We will provide notice where reasonably possible.

If your account is terminated while you have an active timer, the timer will be cancelled and no emergency messages will be delivered as a result of the termination itself.

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which VesperVault is incorporated, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association, except where prohibited by law.

Nothing in these Terms limits your right to bring claims in small claims court or to seek injunctive relief in a court of competent jurisdiction.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and VesperVault regarding the Service and supersede all prior agreements, understandings, and communications.

Questions about these Terms of Service can be directed to: legal@vespervault.app