Our Privacy Policy explains how we collect, use, and disclose personal information, and forms part of your agreement with us.
What this service is (and isn't)
Still Kicking is a best-effort daily wellness check-in service. It is not:
- an emergency service;
- a medical device;
- a monitored alarm system; or
- a legal, medical, financial, or emergency-advice service.
If you or someone else is in immediate danger, call 000. Do not rely on this service for emergencies.
Best-effort service
We use reasonable efforts to deliver check-ins, reminders, and escalation notifications on time. However, the service depends on third parties and systems outside our control — including messaging providers, email providers, payment providers, internet services, and power supply.
To the maximum extent permitted by law, we do not guarantee uninterrupted, timely, secure, or error-free operation. The service is provided without warranties other than those that cannot be excluded under the Australian Consumer Law.
Your responsibilities
You agree to:
- keep your account details, contact details, address, and emergency contact details current and accurate;
- ensure you have authority to provide emergency contact details and any other third-party information you submit;
- use pause mode when you will not be able to check in;
- not use the service for illegal, harmful, misleading, or harassing purposes.
You are responsible for any consequences caused by inaccurate, incomplete, or outdated information you provide.
You are responsible for maintaining the confidentiality of your login credentials and for activity under your account, unless caused by our breach or negligence.
We may rely on the settings, instructions, and information in your account as they appear at the time an action is taken. We are not responsible for consequences caused by changes that have not yet been saved or reflected in your account at the moment we act.
Acceptable use
You must not use the service to harass, threaten, deceive, impersonate, or cause harm to any person, or to upload unlawful, abusive, or misleading content. This is especially important because the service can trigger contact with third parties (your nominated emergency contacts) on your behalf.
What we don't do
- We do not call emergency services on your behalf.
- The service is not legal, medical, financial, or emergency advice, and you should not rely on it as a substitute for professional advice or emergency services.
- We do not solicit or accept gifts, bequests, or promises made in a will in exchange for the service. We are not a will-replacement service.
- We do not provide advertising services, and the service is not designed for marketing use.
Third-party services and delivery
The service depends on third-party providers and networks, including messaging, email, payment, hosting, and internet services. We are not responsible for delays, outages, or failures caused by third parties outside our reasonable control.
We are also not responsible for delays or failures caused by your own email, SMS, phone, device, spam filtering, or carrier settings. If messages are filtered by your email provider, spam settings, device settings, or mobile carrier, we may not be able to recover them. Please make sure your email and SMS settings allow messages from us.
Payment
The SMS tier is billed monthly through Stripe. You may cancel at any time from your billing page. Except where required by law, we do not provide refunds or credits for partial months or unused subscription time.
If your subscription ends or lapses, your free tier remains active.
Account closure
You may delete your account at any time through Settings.
If we receive credible notice that an account holder has died, we may ask for reasonable evidence — such as a death certificate, executor instruction, or other official confirmation — before restricting access, pausing billing, or managing the account under our Privacy Policy and any verified legal authority we receive.
Suspension and termination
We may suspend or terminate access to the service immediately if we reasonably believe:
- you have breached these Terms;
- your use of the service is unlawful or harmful;
- there is a security, abuse, or operational risk; or
- your account information is false, incomplete, or no longer valid.
Limitation of liability
To the maximum extent permitted by law, we are not liable for any loss, damage, or consequences arising from:
- missed check-ins;
- delayed, failed, or incorrect notifications;
- service outages or interruptions;
- third-party service failures;
- inaccurate or outdated information you provide; or
- the acts or omissions of emergency contacts, emergency services, or other third parties.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law.
Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will give you at least 14 days' notice by email where reasonable to do so. If you do not agree to the change, you may stop using the service and close your account before the change takes effect.
Continued use of the service after the effective date means you accept the updated Terms.
Entire agreement
These Terms, together with our Privacy Policy, make up the entire agreement between you and us about the service. They replace any earlier statements or representations.
Severability
If any part of these Terms is found unenforceable, the rest remains in effect.
Governing law
These Terms are governed by the laws of Queensland, Australia. Any dispute is subject to the non-exclusive jurisdiction of the courts of Queensland.