Terms of Service
DRAFT — This document is pending review by legal counsel and is not yet in effect.
Effective Date: [EFFECTIVE DATE]
Company: [COMPANY LEGAL NAME] ("Porchlight", "we", "us", or "our")
State of Incorporation: [STATE]
Support: [SUPPORT EMAIL]
1. Acceptance of Terms
By creating an account, downloading the Porchlight app, or using any part of the Porchlight service (iPhone app, Watch app, or website), you agree to these Terms of Service and the separate Wellness Disclaimer. If you do not agree, do not use the service.
2. Eligibility
- You must be at least 18 years old.
- The app is rated 17+ and enforces an age gate during onboarding.
- You may not use Porchlight if you are located in a country where such use would violate local law.
- You represent that you have the legal capacity to enter into this agreement.
3. Account & Sign In
- Porchlight uses Sign in with Apple as the sole authentication method. No email/password accounts are offered.
- You are responsible for maintaining the security of your Apple ID and devices.
- You may have only one active Porchlight account per Apple ID.
- We may suspend or terminate accounts that violate these Terms or engage in abusive behavior.
4. Subscription & Billing (Freemium Model)
Porchlight offers three tiers:
| Tier | Price (annual) | What's Included |
|---------------|----------------|-----------------|
| Free | $0 | Own data, 7-day trends, one teaser insight per week |
| Premium | $39.99/yr | Full trend engine, weekly AI digest, doctor PDF reports |
| Family Care (Flagship) | $89.99/yr | Everything in Premium for up to 5 family members + caregiver dashboard + family alerts + wear-compliance nudges |
- Annual-first billing via Apple's StoreKit 2 / App Store.
- 7-day free trial on Premium and Family Care. The first weekly digest will land inside the trial window.
- 30-day money-back promise: If you are not satisfied for any reason (including "the parent won't wear the watch"), contact support within 30 days of first purchase for a full refund. Apple manages the actual refund process; we will guide you.
- "Won't wear it in month one? Full refund" — we stand behind the product.
- Subscriptions auto-renew unless canceled at least 24 hours before the end of the current period via App Store settings.
- Price changes will be communicated in advance per App Store policy.
Family Plan Rules
- The subscriber (inviter) is responsible for payment.
- The parent's revocation rights supersede the subscriber's payment status. If the parent revokes sharing, family members lose access even if the subscription is active.
- Inviting family members does not grant them billing control.
5. Acceptable Use
You agree not to:
- Use Porchlight for any illegal purpose or in violation of any law.
- Attempt to access another user's data without authorization.
- Scrape, reverse-engineer, or attempt to extract the underlying models or algorithms.
- Use Porchlight output for employment, insurance, or credit decisions about another person.
- Harass, abuse, or harm others through the family sharing or alert features.
- Upload or transmit any content that is defamatory, obscene, or infringes intellectual property.
- Interfere with the service's security or performance.
Violation may result in immediate termination and, where appropriate, reporting to authorities.
6. Intellectual Property
- The Porchlight app, website, logos, and all content (except your personal health summaries) are owned by [COMPANY LEGAL NAME] or its licensors.
- You retain ownership of your health data and summaries.
- You grant us a limited license to process your summaries solely to provide the service you requested (e.g., generating your digest and sharing with family members you explicitly authorized).
- You may not copy, modify, distribute, or create derivative works from the app or website without our prior written permission.
7. Disclaimers of Warranties
BASELINE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that:
- The service will be uninterrupted, error-free, or secure.
- Any trends, digests, or alerts will be accurate, complete, or timely.
- The service will meet your specific requirements or expectations.
Your use of Porchlight is at your sole risk. The Wellness Disclaimer (separate document) contains additional important limitations.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, [COMPANY LEGAL NAME], its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to:
- Your use or inability to use the service
- Any health decisions you make based on app output
- Any missed or delayed alerts
- Any inaccuracies in trends or data
- Any conduct of third parties (including family members)
- Any unauthorized access to or alteration of your data
Our total liability to you for all claims arising from the service shall not exceed the amount you paid us in the twelve (12) months preceding the claim (or $100 if you are on the Free tier).
Some jurisdictions do not allow exclusion of certain warranties or limitation of liability. In those cases, the above shall apply only to the maximum extent permitted.
9. Indemnification
You agree to indemnify, defend, and hold harmless [COMPANY LEGAL NAME] and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the service
- Your violation of these Terms
- Your violation of any rights of another person (including family members you invited)
10. Termination
- You may delete your account at any time from Settings → Delete Account.
- We may suspend or terminate your access if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion (with refund where required by the 30-day promise or applicable law).
- Upon termination, your right to use the service ceases immediately. Provisions that by their nature should survive (limitation of liability, IP, indemnification, governing law) shall survive.
11. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of the State of [STATE], without regard to its conflict of laws principles.
Arbitration & Class Action Waiver (placeholder — attorney to finalize)
Any dispute arising out of or relating to these Terms or the service shall be resolved by binding individual arbitration in [STATE] under the rules of [arbitration provider, e.g. AAA or JAMS]. You waive any right to participate in a class action or class arbitration. This does not prevent either party from seeking injunctive relief in court for IP or security issues.
If arbitration is not enforceable in your jurisdiction, the dispute shall be resolved in the state or federal courts located in [STATE], and you consent to personal jurisdiction there.
12. Changes to Terms
We may update these Terms from time to time. Material changes will be notified via in-app message and email (if on file) at least 30 days before the effective date. Your continued use after the effective date constitutes acceptance of the updated Terms.
13. Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms, together with the Wellness Disclaimer, Privacy Policy, and any other policies referenced herein, constitute the entire agreement between you and [COMPANY LEGAL NAME] regarding the Porchlight service and supersede all prior agreements.
15. Contact
Questions about these Terms: [SUPPORT EMAIL]
Draft note to attorney: This is a standard SaaS terms template adapted for a wellness app with family sharing and health-adjacent features. Key areas requiring customization:
- Arbitration/class waiver language (many states have restrictions)
- Refund promise enforceability alongside Apple's billing
- Family plan liability allocation
- IP indemnification scope
- Governing law selection (recommend Delaware or California for tech companies; confirm with founder)
*Draft prepared July 2026*