Effective Date: June 6, 2026 | Last Updated: June 6, 2026
These Terms of Service ("Terms") form a binding legal agreement between you ("you" or "user") and Frank Nowicki, an independent software developer ("we", "us", "our", or "Developer"), governing your access to and use of the App and any related software (collectively, the "App"). The App is distributed under the name SafePulse on Google Play, Huawei AppGallery, and Samsung Galaxy Store, and under the name PulseGuard on the Apple App Store and Amazon Appstore. Both names refer to the same software covered by these Terms.
By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not install or use the App and request a refund from the platform on which you purchased it.
The App is a self-managed check-in timer application. You configure a check-in interval; if you do not affirmatively confirm your safety within that interval, the App attempts to send a pre-written SMS message to the emergency contacts you have selected, optionally including your last known location. The App also includes an optional SOS button that attempts to send the same alert immediately when activated.
You must be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is higher) to use the App. By using the App you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App on a device that you own or control, solely for your personal, non-commercial use.
You may NOT:
The App's ability to deliver alerts depends on systems we do not own or control. We make no promises about delivery, timing, or reliability.
SMS delivery, push notification delivery, location accuracy, and timer execution all depend on third parties including but not limited to:
Any of these systems may fail, delay, or deliver alerts incorrectly. We do not control these systems, and we cannot and do not guarantee that any alert will be delivered, received, understood, or acted upon.
The App is sold as a one-time paid purchase through the applicable app store (Apple App Store, Amazon Appstore, Google Play, Huawei AppGallery, or Samsung Galaxy Store). The price displayed on each platform applies. There are no subscriptions, no recurring charges, and no in-app purchases.
Refunds are handled exclusively by the platform on which you purchased the App. We do not process refunds directly. Refund policies vary by platform; consult the platform's refund policy for details.
Your privacy is governed by our Privacy Policy, available at checkinonme.app/privacy. By using the App you consent to the data practices described in the Privacy Policy. We do not operate servers that hold your personal data; the App stores your data locally on your device.
The App relies on third-party services to function, including Apple's MessageUI framework (on iOS), Android's SmsManager (on certain Android builds), CoreLocation/FusedLocationProvider, your wireless carrier, and the operating system itself. Your use of those third-party services is governed by those third parties' own terms and policies. We are not responsible for any third-party service, its availability, its accuracy, or any failure on its part.
The App, including all source code, design, graphics, text, and trademarks (including "SafePulse" and "PulseGuard"), is owned by Frank Nowicki and is protected by U.S. and international copyright, trademark, and other intellectual property laws. These Terms do not grant you any ownership rights in the App.
The App is provided "as is" and "as available," with all faults and without warranty of any kind.
To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
To the maximum extent permitted by law, in no event will Frank Nowicki, his successors, assigns, agents, employees, contractors, or affiliates be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, punitive, or any other damages of any kind whatsoever, arising out of or related to your use of (or inability to use) the App.
This includes, without limitation, damages for:
In any event, our total cumulative liability to you for any and all claims arising out of or related to the App or these Terms shall not exceed the greater of (a) the amount you actually paid for the App in the twelve (12) months preceding the claim, or (b) five U.S. dollars ($5.00 USD).
These limitations apply even if any limited remedy fails of its essential purpose and even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you in part or in full. In such jurisdictions, our liability is limited to the minimum amount permitted by law.
You agree to indemnify, defend, and hold harmless Frank Nowicki and his successors, assigns, agents, employees, contractors, and affiliates from and against any and all claims, demands, losses, damages, costs, expenses, liabilities, and attorneys' fees arising out of or related to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any law or any third-party right, including the privacy or other rights of any of your emergency contacts; (d) any content you provide through the App, including the names, phone numbers, or other information of your emergency contacts; and (e) any reliance you or any third party places on the App in a real or perceived emergency.
Before filing any arbitration claim, you agree to first contact us at frank.nowicki@gmail.com with a detailed description of the dispute. We will attempt in good faith to resolve the matter within thirty (30) days.
If informal resolution fails, you and we agree that any dispute, claim, or controversy arising out of or relating to the App or these Terms shall be resolved exclusively through final and binding individual arbitration, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You and we each agree to bring claims against the other only in our individual capacities and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative action. The arbitrator may not consolidate or join claims and may not preside over any form of representative, class, or mass proceeding.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court for disputes that fall within that court's jurisdiction, provided the action remains in small claims court and is not removed or appealed to a court of general jurisdiction.
You may opt out of this arbitration agreement by sending written notice to frank.nowicki@gmail.com within thirty (30) days of first accepting these Terms. The notice must include your name, your device's installation date, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.
If the class action waiver in Section 13.3 is held to be unenforceable as to any particular claim, then the entire arbitration provision (other than this sentence) shall be unenforceable as to that claim, but shall remain enforceable as to all other claims.
These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict of laws principles. For any claim not subject to arbitration under Section 13 (including small claims actions), you and we agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Michigan, and you waive any objection to venue in those courts.
These Terms remain in effect for as long as you use the App. You may terminate at any time by uninstalling the App. We may terminate or suspend your license at any time, with or without notice, for any reason, including but not limited to your violation of these Terms. Upon termination, Sections 9 through 14 and 17 through 20 shall survive.
We may modify, suspend, or discontinue the App (or any feature of it) at any time, with or without notice. We may also modify these Terms from time to time by posting an updated version at this URL and updating the "Last Updated" date above. Your continued use of the App after a material change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App.
You may not use, export, or re-export the App in violation of U.S. export laws, including but not limited to the U.S. Export Administration Regulations and economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified only to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
These Terms, together with the Privacy Policy and any applicable platform-store terms (Apple, Google, Amazon, Huawei, Samsung), constitute the entire agreement between you and us with respect to the App and supersede all prior agreements and understandings.
If you obtained the App through the Apple App Store, the following additional terms apply:
Questions about these Terms? Contact: frank.nowicki@gmail.com
Frank Nowicki
Independent Software Developer
United States
© 2026 Frank Nowicki. All rights reserved. SafePulse™ and PulseGuard™ are brands of Frank Nowicki. · checkinonme.app · Privacy