WellCheck Terms of Service

    Last Updated: June 3, 2026

    1. Agreement to Terms

    These Terms of Service ("Terms") govern access to and use of the WellCheck platform ("WC," "we," "us," or "our"). By accessing or using the platform, you ("Customer," "you") agree to be bound by these Terms.

    If you do not agree, you may not use the platform.

    WC provides a business-to-business communications platform. It does not provide medical, emergency, caregiving, monitoring, financial, or legal services.

    2. Platform Description

    WC is a technology platform that enables users to configure and deploy automated outbound phone calls within the United States for informational, notification, and survey purposes.

    WC does not:

    • Initiate campaigns independently
    • Verify recipient consent
    • Guarantee call delivery or response
    • Provide emergency services
    • Monitor health or safety
    • Ensure outcomes of any kind

    WC operates solely as a technology provider.

    3. Permitted Use

    The platform may only be used for lawful, informational, survey, notification, or legitimate business communication purposes.

    Unsolicited marketing, promotional, or sales calls to recipients who have not provided prior express consent are prohibited.

    You may not use WC to:

    • Harass or intimidate
    • Impersonate any person or entity
    • Engage in fraud or deception
    • Violate the Telephone Consumer Protection Act (TCPA), FCC regulations, or other federal or state call laws
    • Contact recipients without legally required consent
    • Upload unlawfully obtained contact lists
    • Conduct political campaigning without written authorization

    4. Consent & Legal Compliance

    You represent and warrant that:

    • You have obtained all legally required prior express consent for each recipient.
    • You comply with the TCPA and all applicable federal, state, and local call regulations.
    • You are responsible for determining whether consent must be written or documented.
    • WC does not verify or confirm recipient consent.
    • You assume full responsibility for legal compliance related to your campaigns.

    5. Required Disclosures in Calls

    Where required by applicable law, campaigns must include appropriate caller identification, disclosure of automated voice technology, and opt-out mechanisms. Customers are solely responsible for determining and implementing any legally required disclosures for their campaigns.

    WC offers optional compliance configuration features, including the Compliance Add-On, to assist Customers in meeting applicable disclosure obligations. Use of these features is at the Customer's discretion. The Compliance Add-On assists with configuring calls in line with WC's understanding of applicable per-state and federal requirements as they exist at a given point in time. It is not a warranty that any particular campaign complies with any specific legal requirement, and WC does not guarantee that use or non-use of these features satisfies any particular legal requirement.

    6. SMS & Text Messaging

    As part of certain features (such as AI-assisted appointment scheduling), WC may send text messages (SMS) to a recipient related to their interaction with a Customer's campaign — for example, an appointment confirmation or a reminder before a scheduled appointment.

    WC only sends these messages after the recipient has verbally consented during a live call. Consent covers messages related to that specific interaction; it is not used for general marketing.

    Sample verbal consent script, as spoken during a live call: AI: "Would [appointment time] work for you? If so, I can also text you a quick confirmation — message and data rates may apply, and you can reply STOP any time to opt out. Sound good?" Contact: "Yes, that works, you can text me." WC only sends a text if the recipient responds affirmatively to this question.

    By consenting to receive these messages, the recipient acknowledges:

    • Message and data rates may apply.
    • Message frequency varies by interaction (typically one confirmation and, where applicable, one reminder per scheduled appointment).
    • Reply STOP at any time to opt out of future text messages.
    • Reply HELP for help.
    • Carriers are not liable for delayed or undelivered messages.

    See our Privacy Policy for how information collected via SMS is used.

    7. Geographic Restriction

    WC currently permits calls only to recipients located within the United States. International calling is prohibited unless explicitly enabled by WC in writing.

    8. Transcription & Data

    WC does not record or store call audio. WC retains transcripts of calls for operational, compliance, quality assurance, and dispute resolution purposes.

    You are responsible for ensuring that your use of the platform, including any disclosure to recipients about call transcription, complies with applicable consent laws.

    WC retains call logs and transcripts in accordance with its internal data retention practices.

    9. Credits, Fees & Expiration

    WC operates on a prepaid credit system.

    • Credits expire 12 months from date of purchase.
    • Credits are non-refundable, non-transferable, and have no cash value.
    • WC may modify pricing or credit policies prospectively.
    • Unused credits expire automatically.

    Refunds are issued only if required by law or at WC's sole discretion.

    10. Suspension & Termination

    WC may suspend, restrict, or terminate access immediately and without notice if:

    • You violate these Terms
    • Your campaigns generate complaints
    • Your use creates regulatory or carrier risk
    • Required consent cannot be reasonably demonstrated

    WC may cooperate with telecommunications providers or authorities in connection with investigations.

    11. No Emergency or Medical Services

    WC is not an emergency response service.

    WC does not monitor recipients in real time and does not guarantee intervention.

    If a recipient requires emergency assistance, appropriate emergency services must be contacted directly.

    12. Disclaimer of Warranties

    The platform is provided "as is" and "as available."

    WC disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

    WC does not guarantee:

    • Call completion
    • Message delivery
    • Accuracy of AI-generated content
    • Continuous availability
    • Regulatory compliance by users

    13. Limitation of Liability

    To the maximum extent permitted by law:

    WC's total liability arising out of or related to the platform shall not exceed the amount paid by Customer to WC in the twelve (12) months preceding the claim.

    WC shall not be liable for:

    • Indirect damages
    • Consequential damages
    • Loss of business
    • Regulatory fines incurred by Customer
    • Third-party claims arising from Customer campaigns

    14. Indemnification

    You agree to defend, indemnify, and hold harmless WC from any claims, damages, fines, penalties, or expenses arising from:

    • Your violation of call laws
    • Lack of recipient consent
    • Content of your campaigns
    • Misuse of the platform
    • Regulatory investigations related to your campaigns

    15. Dispute Resolution & Arbitration

    Any dispute arising from these Terms shall be resolved through binding arbitration in the State of Utah.

    Class actions and jury trials are waived to the extent permitted by law.

    16. Governing Law

    These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles.

    17. Modifications

    WC may update these Terms at any time. For material changes, WC will make reasonable efforts to notify Customers via email prior to the change taking effect. Continued use of the platform after updates constitutes acceptance of revised Terms.