Terms and Conditions

Last updated: May 2, 2026

Welcome to Recallection (“the Service,” “we,” or “us”), a multi-channel accountability and check-in service operated by Adam Gersh. By creating an account or using the Service in any way, you agree to these Terms and Conditions.

1. What Recallection does

Recallection lets a person (the “Caregiver”) schedule SMS, voice, and web-based check-in messages to be delivered to phone numbers (the “Recipients”) the Caregiver adds to their account. Each check-in invites a response (e.g. reply 1 = done, 2 = need help, or tap the corresponding button) and may escalate to a notification to the Caregiver if the Recipient does not respond within a configured window.

2. Eligibility

You must be at least 18 years old to create a Caregiver account. Recipients of any age may receive messages, but where a Recipient is a minor under 13, the Caregiver must be the parent or legal guardian and provide consent on the Recipient's behalf in compliance with the Children's Online Privacy Protection Act (COPPA) and any applicable laws.

3. Caregiver responsibilities & representations

By using the Service as a Caregiver, you represent, warrant, and agree that:

Permission. You will only add as a Recipient a person who has given you express permission to send them automated SMS, voice, or other messages, or for whom you have legal authority to consent on their behalf (e.g. a parent of a minor Recipient).
Accurate information. The phone numbers you provide are accurate and belong to the people you identify.
Lawful use. You will not use the Service to send unlawful, harassing, threatening, defamatory, obscene, or commercial-marketing content; to impersonate anyone; or to engage in automated dialing/messaging schemes outside the personal accountability use case the Service is designed for.
No emergency reliance. The Service is not an emergency notification system. Do not use it as a substitute for 911 or other emergency services. We cannot guarantee that a check-in will be delivered, that a Recipient will see it, or that an escalation alert will reach you in time.
Compliance with law. You are responsible for complying with all applicable laws governing your use of the Service, including the U.S. Telephone Consumer Protection Act (TCPA), CAN-SPAM, Cellular Telecommunications Industry Association (CTIA) messaging guidelines, and any state or international equivalents.
Opt-outs. You will not attempt to circumvent any Recipient's opt-out (STOP, CANCEL, etc.) by re-adding them, sending from a different account, or otherwise.

You agree to indemnify and hold harmless Recallection and its operator from any claim, damages, or liability arising from your breach of these obligations or from messages you cause the Service to send.

4. Recipient consent & opt-out

Before any check-in is scheduled to a phone number, the Recipient must opt in by replying YES, tapping “I agree” on the consent landing page, or otherwise affirmatively consenting. Recipients may opt out at any time by replying STOP, CANCEL, UNSUBSCRIBE, END, or QUIT to any SMS we send. Once a Recipient opts out, all future scheduled check-ins to that number are canceled, and the Service will refuse to send them new messages unless they reply START to opt back in. Recipients can reply HELP for program information.

5. Message frequency & charges

Message frequency varies based on the schedule the Caregiver sets. Standard message and data rates may apply for Recipients based on their mobile carrier plan. Recallection does not charge Recipients to receive messages.

6. Account security

You are responsible for keeping your password confidential. If you suspect unauthorized access, contact us immediately and reset your password. We are not liable for losses arising from unauthorized account access where you have not promptly reported the issue.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8. Service availability

The Service is provided “as is” and “as available” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or that messages will be delivered without delay or at all. Recallection is not intended for emergency communications. In an emergency, contact 911 or appropriate local emergency services directly.

9. Limitation of liability

To the maximum extent permitted by law, Recallection, its operator, and its service providers are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising from your use of or inability to use the Service. Our total cumulative liability arising out of or relating to the Service shall not exceed the greater of (a) the amount you have paid us in the twelve months preceding the claim, or (b) US$50.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or applicable law, or for any reason at our sole discretion. You may terminate your account at any time by contacting us.

11. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date reflects the most recent version. Continued use of the Service after changes constitutes acceptance of the revised Terms.

12. Governing law

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved in the state or federal courts located in Virginia.

13. Contact

Questions or requests: adam.s.gersh@gmail.com

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