Terms of Service
Effective date: March 25, 2026 · Last updated: March 25, 2026
Important Notice
Family Guardian AI is not a medical device, emergency service, or substitute for professional medical care. In an emergency, always call 911. See Section 8 for the full disclaimer.
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Family Member”) and Family Guardian AI, operated by Finn Willwerth and Donnie Trump III (“we,” “our,” or “us”), governing your access to and use of the Family Guardian AI platform, website at familyguardian.ai, and all related services (collectively, the “Service”).
By creating an account, clicking “I agree,” or using any part of the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 18 years old to create an account. By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.
1. Service Description
Family Guardian AI provides an AI-powered platform that enables family members to:
- Schedule and trigger automated AI-powered check-in voice calls to elderly loved ones using ElevenLabs Conversational AI over Twilio telephony;
- Receive AI-generated analysis of call transcripts, including mood scores, wellbeing assessments, and anomaly detection flags;
- Access a family dashboard displaying call histories, mood trends, AI summaries, and weekly wellness reports;
- Chat with an AI assistant about their loved one’s status and recent calls;
- Receive SMS alerts when health or behavioral concerns are detected;
- Browse the Story Vault — a collection of memories and stories extracted from calls.
The Service is currently in beta. Features, pricing, and functionality may change. We will provide notice of material changes where reasonably possible.
2. Account Registration & Responsibilities
2.1 Registration
To use the Service, you must create an account with a valid email address and password. You agree to provide accurate, complete, and current information. You are responsible for keeping your account credentials secure and for all activity that occurs under your account.
2.2 Enrolling a Senior
When you enroll a senior for check-in calls, you represent and warrant that:
- You have obtained the senior’s informed consent to receive AI-powered check-in calls, or — where the senior lacks legal capacity — you are acting in their best interest and have appropriate authority (e.g., as a legal guardian, power of attorney, or healthcare proxy);
- The senior is at least 18 years of age;
- The senior is aware they may be speaking with an AI system;
- All health and medical information you provide about the senior is accurate to the best of your knowledge.
2.3 Account Security
You must immediately notify us of any unauthorized use of your account at support@familyguardian.ai. We are not liable for losses caused by unauthorized access that results from your failure to protect your credentials.
2.4 One Account Per Household
Each account is for your personal, non-commercial use. You may invite additional family members to access the account but may not sublicense, sell, or transfer your account to any third party.
3. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service to monitor any person without their knowledge and consent (or without appropriate legal authority over them);
- Enroll any person under the age of 18 as a Monitored Individual;
- Provide false, misleading, or fraudulent information about yourself or any senior;
- Attempt to reverse-engineer, decompile, or extract the source code of the Service;
- Attempt to access any backend systems, APIs, or data not intended for your use;
- Interfere with or disrupt the integrity or performance of the Service or its underlying systems;
- Use the Service in any manner that could harm, harass, or exploit vulnerable individuals;
- Use the Service to conduct commercial surveillance operations or resell access to the Service;
- Circumvent any technical measures we implement to protect the Service or its users;
- Violate any applicable local, state, national, or international law or regulation.
We reserve the right to suspend or terminate accounts that violate these provisions, without prior notice, at our sole discretion.
4. AI Calls & Communications
4.1 Call Scheduling & Reliability
We use Vercel Cron Jobs to trigger calls on a 15-minute check interval. Call delivery depends on ElevenLabs and Twilio services functioning correctly. We do not guarantee that calls will be placed at the exact scheduled time or that every scheduled call will succeed. Network conditions, telephony outages, and technical failures may affect call delivery.
4.2 Call Content
AI-generated call conversations are personalized based on information you provide. You acknowledge that:
- The AI may occasionally misunderstand the senior or generate responses that are imperfect or unexpected;
- The AI will not always correctly identify urgent health situations — it is not a substitute for emergency services;
- Call transcripts are AI-generated and may contain transcription errors;
- Family instructions provided in the app will be included in the AI’s context but are not guaranteed to be followed in all situations.
4.3 Consent to Calls
By scheduling calls to a senior’s phone number, you represent that you have the right to cause those calls to be placed, and that the senior (or their legal representative) has consented to receive AI-powered calls from our service. You are responsible for compliance with applicable telemarketing and communications laws (e.g., TCPA in the United States).
5. Subscription & Pricing
The Service is currently free during its beta period. We reserve the right to introduce paid plans at any time, at which point we will provide advance notice and the opportunity to accept or decline before any charges apply. Continued use of the Service after the introduction of paid plans constitutes acceptance of the applicable pricing.
Future paid plans may include a free trial period. At the end of any trial, you will be charged unless you cancel before the trial ends. Billing terms, including billing cycles, refund policies, and cancellation procedures, will be described in detail when paid plans are introduced.
6. Intellectual Property
6.1 Our IP
The Service, including its design, code, trademarks, logos, and AI systems, is owned by Family Guardian AI and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right or license in our intellectual property except the limited right to use the Service as described herein.
6.2 Your Content
You retain ownership of the information you provide (senior profiles, health notes, family instructions). By providing this information, you grant us a limited, non-exclusive license to use it to operate and improve the Service. We do not use your data to train third-party AI models or sell it to any party.
6.3 AI-Generated Content
Call transcripts, AI analyses, mood scores, summaries, and reports are generated by our systems using your data. You may access and export this content through the Service. Ownership of AI-generated content derived from your data rests with you, subject to our right to retain it per our Privacy Policy.
7. Third-Party Services
The Service integrates with third-party providers including ElevenLabs, Twilio, Anthropic, Supabase, and Vercel. Your use of the Service is also subject to the terms and privacy policies of these providers. We are not responsible for the acts or omissions of these third parties, but we take care to work with providers who maintain high security standards.
Links to third-party websites from the Service are provided for convenience only. We do not endorse and are not responsible for the content, privacy practices, or terms of any third-party websites.
8. Medical Disclaimer — Not a Medical Device
Please read this section carefully.
Family Guardian AI is not a medical device. It has not been reviewed, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory authority as a medical device or diagnostic tool.
Family Guardian AI is not a substitute for medical care. AI-generated mood scores, wellbeing assessments, anomaly detection flags, and health-related analyses are provided for informational and family awareness purposes only. They do not constitute medical diagnoses, clinical assessments, or professional medical opinions.
Family Guardian AI is not an emergency service. If you believe a senior is experiencing a medical emergency — including a fall, chest pain, stroke, or any life-threatening situation — call 911 immediately. Do not wait for an AI alert. Our system may not detect every emergency, and alerts may be delayed.
AI conversations are not therapy or counseling. Our AI companion is designed to be warm and supportive, but it is not a licensed therapist, counselor, or mental health professional. For mental health concerns, please consult a qualified professional.
Always consult a licensed healthcare provider for medical advice, diagnosis, and treatment. Do not disregard, delay, or avoid seeking professional medical advice based on information provided by this Service.
9. Disclaimer of Warranties
Read carefully
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) AI-GENERATED CONTENT WILL BE ACCURATE OR COMPLETE; (D) CALLS WILL BE PLACED ON SCHEDULE OR DELIVERED SUCCESSFULLY; (E) THE SERVICE WILL DETECT EVERY HEALTH EMERGENCY OR CONCERN.
10. Limitation of Liability
Read carefully
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAMILY GUARDIAN AI, ITS FOUNDERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
- DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
- DAMAGES ARISING FROM A SENIOR’S HEALTH OUTCOME, INJURY, OR DEATH CONNECTED TO OR RESULTING FROM USE OF OR RELIANCE ON THE SERVICE;
- DAMAGES ARISING FROM FAILURE TO DETECT A HEALTH EMERGENCY OR FROM DELAYED, MISSED, OR INCORRECTLY DELIVERED ALERTS;
- DAMAGES ARISING FROM THIRD-PARTY SERVICE FAILURES (ELEVENLABS, TWILIO, ANTHROPIC, ETC.).
IN JURISDICTIONS THAT DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Family Guardian AI and its founders, employees, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of the Service in violation of these Terms;
- Your enrollment of a senior without proper consent or authority;
- Any inaccurate information you provide about a senior;
- Your violation of any law or third-party rights in connection with the Service;
- Your reliance on AI-generated outputs for medical decision-making.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us at support@familyguardian.ai. Upon termination, we will cease placing calls to any enrolled seniors and will delete your data per our Privacy Policy.
12.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, including for:
- Violation of these Terms or our Acceptable Use Policy;
- Conduct that we reasonably believe is harmful to the Service, other users, or third parties;
- Non-payment of fees (when applicable);
- Our decision to discontinue the Service.
12.3 Effect of Termination
Upon termination: your right to access the Service ceases immediately; scheduled calls will be cancelled; we will retain and delete data per our Privacy Policy. Sections 8, 9, 10, 11, 13, and 14 survive termination.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Delaware for any dispute arising under these Terms.
14. Dispute Resolution
14.1 Informal Resolution
Before filing any formal legal claim, you agree to contact us at legal@familyguardian.ai and give us 30 days to resolve the dispute informally.
14.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Delaware (or virtually), and the decision of the arbitrator will be final and binding.
Class Action Waiver: You agree to resolve disputes on an individual basis only. You waive your right to participate in any class action lawsuit or class-wide arbitration.
14.3 Exceptions
Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.
15. Modifications to These Terms
We may modify these Terms at any time. For material changes, we will provide at least 14 days’ advance notice via email or a prominent in-app notice. Non-material changes (such as clarifications or typo fixes) take effect immediately.
If you object to any change, your remedy is to stop using the Service and close your account before the effective date. Continued use after the effective date constitutes acceptance of the revised Terms.
16. General Provisions
- Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Family Guardian AI regarding the Service.
- Severability. If any provision of these Terms is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and all other provisions will remain in full force.
- Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
- Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.
- Force Majeure. We are not liable for any failure or delay resulting from events beyond our reasonable control, including natural disasters, government actions, third-party service outages, or internet failures.
- Notices. Legal notices to us must be sent to legal@familyguardian.ai. Notices to you will be sent to the email address on your account.
17. Contact Us
Questions about these Terms? Contact us: