Terms and Conditions

Last updated: May 7, 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. The Service may also use AI to suggest message text when the Caregiver explicitly requests it (see Section 11).

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. TCPA consent & recipient opt-in

Important: Federal law (the Telephone Consumer Protection Act, “TCPA”) and Cellular Telecommunications Industry Association (“CTIA”) guidelines require prior express written consent from each Recipient before any automated SMS or voice message is sent to their phone number.

Recallection enforces the consent flow as follows:

Caregiver attestation. When a Caregiver adds a Recipient, the Caregiver must affirmatively check a box attesting that they have the Recipient's express, prior permission to send them automated check-in messages, or that they have legal authority to consent on the Recipient's behalf (e.g. parent of a minor under 13).
Recipient confirmation. The Recipient receives a single SMS asking them to confirm consent by replying YES (or by tapping the “I agree” button on the consent landing page). No scheduled check-ins are sent to a Recipient until they have affirmatively confirmed consent.
Records. We retain the time of Caregiver attestation and the time of Recipient confirmation as a record of consent.
Opt-out. Recipients may opt out at any time by replying STOP, CANCEL, UNSUBSCRIBE, END, or QUIT. Opt-out is honored across the entire Service for that phone number. Recipients may reply START to opt back in. Recipients may reply HELP for program information.

4. 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, prior permission to send them automated SMS, voice, or other messages, or for whom you have legal authority to consent on their behalf.
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 TCPA, CAN-SPAM, CTIA messaging guidelines, COPPA (where Recipients are minors), and any state, federal, or international equivalents.
Opt-outs. You will not attempt to circumvent any Recipient's opt-out by re-adding them, sending from a different account, sending from a different phone number, or otherwise.
Best-effort basis & assumption of risk. You understand and agree that the Service operates on a best-effort basis and is wholly dependent on third-party systems outside our control — including cellular carriers, our SMS and voice provider (Twilio), our application host (Render), our email and storage providers, and the Recipient's own device and network. Any of these may fail, lag, or be unavailable, and a check-in, response, or escalation alert may therefore be delayed, undelivered, or missed. You knowingly assume this risk, agree that the Service is a convenience and communication tool and not a medical-alert, life-safety, or emergency-response system, and agree not to rely on it as one.

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.

5. Co-caregiver access

You may invite another individual to share access to a particular Recipient as a “Co-caregiver.” By inviting a Co-caregiver, you represent that the Recipient has consented to the additional Caregiver having access to their consent status, response history, location shares, and any attachments they submit.

Roles. Co-caregivers may be granted “view” (read-only) or “full” (read + edit + schedule) roles. Both roles receive alert SMS, email, and (if enabled) push notifications when the Recipient needs help, doesn't respond, or shares their location.
Acceptance. The invited individual must create or have a Recallection account using the email address they were invited at; access is granted automatically on first sign-in matching that email.
Independent obligations. Each Co-caregiver agrees to these Terms and the Privacy Policy upon accepting the invitation. The original Caregiver remains responsible for the initial Caregiver attestation under Section 3.
Revocation. The original Caregiver (the Recipient owner) may revoke any Co-caregiver's access at any time. Revocation takes effect immediately.

6. Recipient-submitted content

Recipients may, at their sole option, submit text notes, photos, voice notes, and location coordinates as part of their reply to a check-in. By submitting such content, the Recipient grants the relevant Caregiver(s) and Recallection a limited license to store, display, and forward that content for the purpose of fulfilling the Service.

Recipients should not submit any content they do not wish their Caregiver(s) to see.
Recipients should not submit content that infringes any third party's rights or that would be unlawful to share (e.g. another person's private images without their consent).
Caregivers should not request or coerce Recipients to submit content beyond what the Recipient is comfortable sharing.

7. DMCA / takedown

If you believe content stored or transmitted via the Service infringes your copyright, please send a written notice to the address in Section 17 that includes: (a) a physical or electronic signature of the rights owner or authorized agent, (b) identification of the copyrighted work claimed to be infringed, (c) identification of the allegedly infringing material with sufficient detail to locate it, (d) your contact information, (e) a statement that you have a good-faith belief the use is not authorized, and (f) a statement under penalty of perjury that the information in the notice is accurate and you are the owner or authorized to act on the owner's behalf.

8. Message frequency & charges

Message frequency varies based on the schedule the Caregiver sets (typically 1–3 messages per day during configured hours). Standard message and data rates may apply for Recipients based on their mobile carrier plan. Recallection does not charge Recipients to receive messages.

9. 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.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes the categories of data we collect, our service providers (including Twilio, Render, Cloudflare, and Anthropic), your rights under CCPA / CPRA and GDPR, and how to exercise those rights.

11. AI suggestions (optional feature)

If the Caregiver explicitly taps the “Suggest with AI” button while drafting a check-in message, the Service will send the Recipient's first name (no phone number, email, or other identifier), the Recipient's general kind (adult / child / elderly), an optional message label, and any draft text the Caregiver has typed to a third-party AI provider (currently Anthropic, PBC). The provider returns a suggested message text. The Caregiver may edit the suggestion before scheduling. AI suggestions are an optional convenience and not a substitute for the Caregiver's own judgment about what to say to the Recipient.

12. 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.

Dependence on third-party providers. The Service relies on third-party infrastructure and providers to function — including, without limitation, our application host (currently Render), our SMS and voice carrier (currently Twilio), our email provider, and cloud storage. If any of these providers experiences an outage, delay, maintenance window, or other disruption, the Service may be unavailable or a scheduled check-in, response, or escalation alert may be delayed or fail to send or arrive. We do not control these providers and are not responsible for their availability or performance. This is another reason the Service must not be relied upon for emergencies or any situation where a delayed or undelivered message could cause harm.

13. 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.

14. 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 at the address in Section 17.

15. 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.

16. Governing law

These Terms are governed by the laws of the State of Florida, 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 Sarasota County, Florida, and you consent to personal jurisdiction in those courts.

17. Contact

Questions or requests:

Adam Gersh
Recallection
1391 Harbor Drive
Sarasota, FL 34239
United States
Email: [email protected]

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Have a question about how Recallection works? Email [email protected].