Terms of Service

Effective Date: October 29, 2025

ResidentCheckin.co Automated Wellness Check-In Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE RESIDENTCHECKIN SERVICE.

By using the ResidentCheckin.co website and services, you ("Customer," "Facility," or "You") agree to be bound by these Terms of Service ("Terms"). ResidentCheckin.co is operated by Hambros Inc, d/b/a Iamfine ("Iamfine," "we," "us," or "our"). These Terms apply to all facility operators, administrators, and end users of the service.

1. Critical Disclaimers and Service Limitations

1.1 Not an Emergency Service. RESIDENTCHECKIN IS NOT AN EMERGENCY SERVICE, NOT A MEDICAL DEVICE, NOT A MEDICAL ALERT SYSTEM, AND NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE OR MONITORING. IN THE EVENT OF AN EMERGENCY DIAL 9-1-1 (or your national emergency number outside the USA).

1.2 Not a Medical Service. RESIDENTCHECKIN IS NOT DESIGNED, INTENDED, OR SUITABLE FOR ANY MEDICAL PURPOSES INCLUDING BUT NOT LIMITED TO DIAGNOSIS, TREATMENT, CURE, OR PREVENTION OF ANY DISEASE OR MEDICAL CONDITION. ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH PROVIDER.

1.3 No Guaranteed Response Time. WE MAKE NO GUARANTEE REGARDING HOW QUICKLY (IF AT ALL) CARE CIRCLE OR SECURITY TEAM MEMBERS WILL BE NOTIFIED, RECEIVE NOTIFICATIONS, OR RESPOND TO NOTIFICATIONS. Notification delivery depends on third-party services (email providers, SMS carriers, phone networks) outside our control. DELAYS OR FAILURES ARE POSSIBLE AND CUSTOMER ASSUMES ALL ASSOCIATED RISK.

1.4 Service Limitations. Customer acknowledges the service is not warranted to be suitable in life-threatening or emergency situations where failure could cause injury, harm, death, or property damage.

1.5 Technical Dependencies. The service relies upon the Internet and telephone networks and may experience interruptions due to technical issues, telecommunications failures, power outages, equipment failures, software bugs, cyber attacks, or other causes within or outside our control.

1.6 No Human Monitoring. RESIDENTCHECKIN DOES NOT PROVIDE HUMAN MONITORING, SUPERVISION, OR OVERSIGHT. The service is fully automated. No human operator reviews check-in responses or makes decisions about when to send alerts.

1.7 Supplemental Service Only. Customer acknowledges that ResidentCheckin is supplemental only and is NOT to be relied upon as a primary safety, monitoring, or emergency response system for residents.

2. Facility Customer Obligations

2.1 Authorization and Consent

Customer represents and warrants that it has:

  • Full legal authority to subscribe on behalf of residents (End Users)
  • Obtained all necessary consents from each End User (or their legal guardian, power of attorney, or authorized representative)
  • Obtained consent from each End User's designated Care Circle or Security Team members
  • Written documentation of all consents, available to Iamfine upon request

2.2 Resident Management

Customer is solely responsible for:

  • Enrolling and removing residents from the service
  • Maintaining accurate resident contact information
  • Configuring call times and preferences for each resident
  • Designating and maintaining Security Team and Care Circle contacts
  • Responding to alerts and notifications
  • Taking appropriate action when a resident misses a check-in

2.3 Emergency Protocols

Customer must maintain its own emergency response protocols and procedures separate from and independent of ResidentCheckin. Customer will NOT rely on ResidentCheckin for emergency detection or response.

2.4 Staff Training

Customer will train its staff on the proper use of the service and the service limitations described in these Terms.

2.5 Legal Compliance

Customer's use of the service must comply with all applicable laws, including but not limited to:

  • HIPAA (Health Insurance Portability and Accountability Act) if applicable
  • State privacy and data protection laws
  • Elder abuse reporting requirements
  • Assisted living facility and nursing home regulations
  • Fair Housing Act and Americans with Disabilities Act (ADA)
  • Government procurement rules (if Customer is a government entity)

2.6 Service Limitation Disclosure

Customer will inform all residents and their families about the limitations of ResidentCheckin as described in Section 1, including that it is not an emergency service, not a medical device, provides no guaranteed response time, and is fully automated.

2.7 Prohibited Uses

Customer will NOT:

  • Use the service for individuals who lack capacity to respond to phone calls
  • Use the service as a substitute for required staffing or safety systems
  • Market or represent the service in a manner inconsistent with these Terms
  • Use the service in violation of any laws or regulations

3. Assumption of Risk

3.1 Voluntary Use. CUSTOMER VOLUNTARILY USES THE SERVICE WITH FULL KNOWLEDGE THAT IT HAS LIMITATIONS AND MAY FAIL OR NOT PERFORM AS EXPECTED.

3.2 Inherent Risks. Customer understands and expressly assumes all risks associated with using an automated check-in service, including but not limited to:

  • Service failures, interruptions, or delays
  • Failed or delayed notifications to Security Team or Care Circle members
  • Technical failures of phone systems, internet, or other infrastructure
  • Software bugs, errors, or malfunctions
  • Inability to detect actual emergencies or medical conditions
  • False alarms or missed check-ins due to user error
  • Any injury, harm, death, or property damage that may result from service failure or delay

3.3 Waiver of Claims. BY USING THIS SERVICE, CUSTOMER EXPRESSLY WAIVES ANY AND ALL CLAIMS AGAINST IAMFINE ARISING FROM SERVICE FAILURES, DELAYS, ERRORS, OR ANY HARM THAT MAY RESULT FROM USING OR RELYING UPON THE SERVICE.

4. Limitation of Liability

4.1 Indemnification. Customer agrees to indemnify, defend, and hold harmless Iamfine, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, claims, actions, judgments, settlements, penalties, fines, costs, or expenses (including attorneys' fees) arising from or relating to Customer's use of the service, including claims by residents, their families, estates, heirs, or representatives; failure to obtain proper consents; breach of these Terms; violation of laws or regulations; or claims alleging service failure, injury, harm, or death.

4.2 No Liability for Damages. IN NO EVENT SHALL IAMFINE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE.

4.3 Specific Exclusions. WITHOUT LIMITING THE FOREGOING, IAMFINE SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO WRONGFUL DEATH, EMOTIONAL DISTRESS, BODILY HARM OR INJURY, OR PROPERTY DAMAGES, REGARDLESS OF WHETHER IAMFINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.4 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IAMFINE'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. This cap does NOT apply to Customer's indemnification obligations.

5. Disclaimer of Warranties

5.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

5.2 IAMFINE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

6. Payment Terms

6.1 Billing. Customer (not individual residents) is responsible for all fees and charges. Billing is monthly or annually based on the number of enrolled residents. A one-time setup fee applies to all new facilities.

6.2 Payment. Customer will pay all invoices within thirty (30) days of invoice date unless different terms are specified in writing. Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is less.

6.3 Non-Refundable. ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE UNDER ANY CIRCUMSTANCES, including reduction in residents, service termination by either party, dissatisfaction, or service failures.

6.4 Price Changes. Prices are subject to change with thirty (30) days written notice to active customers. Continued use after the effective date constitutes acceptance of new pricing.

6.5 Taxes. Customer is responsible for all applicable taxes (except Iamfine's income taxes) associated with the service.

7. Data Protection and Privacy

7.1 Privacy Policy. Our collection, use, and disclosure of information is governed by our Privacy Policy.

7.2 HIPAA. Customer acknowledges that:

  • ResidentCheckin is NOT designed for transmitting or storing Protected Health Information (PHI)
  • Iamfine is NOT a HIPAA Business Associate
  • No Business Associate Agreement (BAA) is in place
  • If Customer is subject to HIPAA, Customer is solely responsible for compliance
  • Customer will NOT input PHI except basic contact information necessary for service delivery

7.3 Data Minimization. Customer will provide only the minimum information necessary for service delivery (names, phone numbers, Security Team contacts, call preferences).

7.4 Consent for Communications. Customer represents that all residents and Care Circle/Security Team members have consented to receive automated phone calls, text messages, and emails from ResidentCheckin.

7.5 Network Security. While we implement reasonable security measures, we cannot guarantee the absolute security of data transmitted through our services. Content and data will pass through shared servers and networks.

7.6 Data Breach Notification. In the event of a data breach affecting resident information, we will notify Customer in accordance with applicable laws. Customer is responsible for any required notifications to residents, families, or regulators.

8. Force Majeure

Iamfine shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to:

  • Acts of God, natural disasters, severe weather
  • War, terrorism, civil unrest, or acts of government
  • Epidemics, pandemics, or public health emergencies
  • Internet or telecommunications failures
  • Power outages or electrical failures
  • Cyber attacks, hacking, viruses, or malware
  • Failures of third-party service providers
  • Hardware or software failures
  • Labor disputes or strikes

During any force majeure event, our obligations under these Terms shall be suspended.

9. Service Modifications

9.1 Iamfine reserves the right to modify, suspend, or discontinue the service (in whole or in part) at any time without notice and without liability.

9.2 Iamfine reserves the absolute right to refuse, cancel, suspend, or terminate service to any customer at any time for any reason or no reason, at our sole discretion.

10. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

10.1 Agreement to Arbitrate. Customer and Iamfine agree that any dispute arising out of or relating to these Terms or the service shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive relief in court for intellectual property matters.

10.2 Arbitration Rules. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

10.3 Arbitration Location. Any arbitration hearing shall take place in the federal judicial district where Customer resides, or by telephone/video conference at Customer's option.

10.4 CLASS ACTION WAIVER. CUSTOMER AND IAMFINE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

10.5 Applies to All Parties. This arbitration agreement and class action waiver applies to Customer, all residents enrolled by Customer, and anyone claiming through or on behalf of residents (families, estates, heirs, representatives).

10.6 Waiver of Jury Trial. CUSTOMER AND IAMFINE WAIVE ANY RIGHTS TO A TRIAL BY JURY.

10.7 Opt-Out Right. Customer may opt out of this arbitration agreement by sending written notice to Iamfine at PO Box 8351, San Jose, CA 95155 within 30 days of first accepting these Terms. The opt-out notice must include Customer's name, address, email, phone number, and a clear statement of the wish to opt out.

10.8 Severability. If any portion of this arbitration agreement is found unenforceable, it shall be severed and the remainder enforced. If the class action waiver (Section 10.4) is found unenforceable, this entire arbitration agreement shall be void.

11. Termination

11.1 Termination by Iamfine. We may terminate service immediately and without notice for any reason, including but not limited to:

  • Non-payment of fees (more than 60 days overdue)
  • Violation of these Terms
  • Failure to obtain required consents from residents
  • Suspension or revocation of Customer's license or regulatory status
  • Use of the service in violation of laws or regulations
  • Any reason at Iamfine's sole discretion

11.2 Termination by Customer. Customer may cancel by providing ninety (90) days written notice. Cancellation will be effective at the end of the notice period. No refunds will be provided for unused portions of any billing period.

11.3 Effect of Termination. Upon termination:

  • All resident services will be discontinued
  • Customer's access to ResidentCheckin systems will be terminated
  • All payment obligations for services rendered remain due
  • Customer will notify all residents and families that services have ended
  • Sections 1, 3, 4, 5, 7, 8, 10, and 13 survive termination

12. Government Entity Provisions

12.1 This section applies when Customer is a government entity (city, county, municipality, state agency, or other governmental body).

12.2 Procurement Compliance. Customer represents that its subscription complies with all applicable procurement laws, regulations, and policies.

12.3 Appropriations. If Customer's obligation to pay is contingent upon appropriation of funds, and such funds are not appropriated, Customer may terminate upon written notice but remains obligated to pay for services rendered through the termination date.

12.4 Sovereign Immunity. Nothing in these Terms is intended to waive any governmental immunity. However, to the maximum extent permitted by law, the limitations of liability, disclaimers, and arbitration provisions shall apply.

12.5 Iamfine makes no representation that its services are eligible for federal funding or reimbursement under Medicare, Medicaid, or other federal programs.

13. General Provisions

13.1 Entire Agreement. These Terms constitute the entire agreement between Customer and Iamfine regarding use of the ResidentCheckin service and supersede all prior agreements and communications.

13.2 Amendment. Iamfine reserves the right to amend these Terms at any time. Continued use of the service constitutes acceptance of any modified Terms.

13.3 No Third-Party Beneficiaries. These Terms are for the sole benefit of Customer and Iamfine. No third party (including residents, Care Circle members, or their families) has any right to enforce these Terms.

13.4 Assignment. Customer may not assign these Terms without Iamfine's prior written consent. Iamfine may assign without restriction.

13.5 Successors and Assigns. These Terms bind Customer's heirs, executors, administrators, successors, and assigns.

13.6 Severability. If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.

13.7 Governing Law. These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. Any legal action shall be brought exclusively in the federal or state courts located in California.

13.8 Independent Contractor. Customer and Iamfine are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

13.9 Insurance. Customer maintains adequate liability insurance covering its operations and agrees to maintain such insurance throughout the term of service.

14. Contact Information

Hambros Inc, d/b/a Iamfine

PO Box 8351

San Jose, CA 95155

Email: [email protected]

Phone: (855) 410-1010

Website: www.residentcheckin.co

BY USING THE RESIDENTCHECKIN SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU CONFIRM THAT YOU HAVE AUTHORITY TO BIND YOUR ORGANIZATION AND ALL ENROLLED RESIDENTS TO THESE TERMS.

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