EverWell Terms of Use

Last updated: October 13, 2026

The short version

This summary is here to help you. It is not a substitute for the full Terms below, which are what legally apply.

1. Introduction and acceptance

Welcome to EverWell! EverWell is a personal health information app provided by EverAssistant Inc. ("EverAssistant", "we", "us" or "our"), a company based in Ontario, Canada. These terms (the "Terms") apply to the EverWell app for iPhone (the "App"), its features, content, and updates, and the EverWell web pages and waitlist on https://everassistant.io (together, the "Service").

PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY SECTION 2 (IMPORTANT HEALTH INFORMATION), SECTION 19 (DISCLAIMER OF WARRANTIES), AND SECTION 20 (LIMITATION OF LIABILITY).

These Terms are a legally binding agreement between you and EverAssistant. You accept them by tapping to accept them in the App, or, for the website and waitlist only, by using those pages. The App shows you these Terms before you accept them, and you can read, save, or print them at any time from the App's Settings or our website. Our EverWell Privacy Policy and our Consumer Health Data Privacy Policy explain how we handle personal information. If you do not agree to these Terms, please do not use the Service.

These Terms apply only to EverWell. Any other EverAssistant product or service has its own terms.

2. Important health information: what EverWell is and is not

2.1 What EverWell does. EverWell is a personal organizer and reference tool. It helps you keep a list of the medicines, supplements, and food you add, your routine, the lab results you add, and the Apple Health data you choose to connect. It compares what you have added with published reference information (such as product labels and government drug and supplement databases) and shows you what those sources say about:

EverWell can also show a lab result you added next to the reference range printed on your lab report, and explain in general terms what the test measures. EverWell may mention, in general wellness terms, when something in your Apple Health data looks different from your own usual pattern.

2.2 What EverWell does not do. Everything EverWell shows you, including chat answers, alerts, cautions, timing notes, lab explanations, wellness notes, summaries, and exports (together, "EverWell Information"), is general information for your personal use. EverWell Information is not medical advice. EverWell:

EverWell is not a medical device and has not been reviewed, cleared, approved, or licensed by the US Food and Drug Administration, Health Canada, or any other regulator.

2.3 EverWell never tells you to change a medicine. EverWell will not tell you to start, stop, skip, or change any medicine, supplement, or dose. When EverWell mentions a caution, it describes what the reference sources say and ends with a reminder to ask your doctor or pharmacist. Do not start, stop, or change any medicine or dose, and do not delay or avoid getting medical care, because of something EverWell said or did not say.

2.4 Always ask a professional, and don't rely only on EverWell. EverWell does not know everything about you or your health. The reference information it uses may be incomplete, out of date, or not apply to you, and it is generally written for adults. If EverWell does not show an alert, that does not mean a combination, amount, or timing is safe for you. Always talk to your doctor, pharmacist, or other qualified health professional about your medicines, supplements, diet, and test results.

2.5 No healthcare professionals and no professional relationship. EverWell does not offer consultations, telemedicine, or access to doctors, nurses, pharmacists, or other healthcare professionals. Using EverWell does not create a doctor-patient, pharmacist-patient, or other healthcare professional relationship between you and EverAssistant or anyone else. EverAssistant does not provide healthcare services through EverWell.

2.6 If the App and these Terms differ. EverWell shows short reminders of these points in the App. If anything in the App seems to say something different from this Section 2, this Section 2 applies.

3. Not for emergencies

Do not use EverWell for medical emergencies. If you think you or someone else may be having a medical emergency, may have taken too much of something, or may be having a serious reaction:

EverWell may show emergency contact information when you describe certain symptoms, but it cannot detect or respond to emergencies, and nobody at EverAssistant monitors what you enter.

4. Who can use EverWell

4.1 Age. You must be at least 18 years old and able to form a binding contract to use the Service. EverWell is not directed to children, and people under 18 may not use it. Where the law requires it or allows it, we may use age information that Apple provides to us (for example, an age range shared through the App Store) to confirm that you are eligible. If we learn that someone under 18 has an Account, we will close it.

4.2 Where EverWell is offered. EverWell is offered in English in the United States and in Canada, except the Province of Quebec. We plan to offer EverWell in Quebec once a French version of the App and these Terms is available. You may use the Service only where it is lawful to do so. Some features (such as Apple Intelligence and Apple Private Cloud Compute) depend on your device, your iOS version, your region, and Apple's own availability rules.

4.3 What you need. You need a compatible iPhone running a supported version of iOS (currently iOS 26 or later) and an Apple Account. You are responsible for your device, your software, and any internet, data, or roaming charges from your carrier.

5. Using EverWell with or without an account

5.1 No account needed for the free app. You can use every free feature of EverWell without creating an account.

5.2 Optional EverWell account. You can choose to create an EverWell account ("Account") with Sign in with Apple or with your email address through a one-time sign-in link (no password). An Account is needed only for the paid plan, family profiles, keeping your purchase linked across devices, and product or launch emails.

5.3 Keep your details accurate. If you create an Account, please keep your email address current so that we can reach you about your Account and subscription. Your Account is personal to you. You may not sell, transfer, or share it.

5.4 Your Account and your health data are separate. Your Account does not contain your health data. Creating, signing out of, or deleting an Account does not upload, move, or delete the health data stored on your device (see Sections 8 and 18).

6. Family plan, caregivers, and other people's information

6.1 Profiles for other adults. With the EverWell Family + Export plan (when available), you can create separate profiles to keep track of information for other adults you care for, such as a parent or a partner (each, a "Dependant"). Dependant profiles are for adults (18 or older) only. You may not create a profile for anyone under 18, because EverWell's reference information and checks are designed for adults.

6.2 You must have the right to do so. You may add information about another adult only if (a) that person has agreed, or (b) you have the legal authority to manage that person's health information, for example as their attorney for personal care, guardian, health care proxy or agent, or other substitute decision-maker recognized by the law where they live. By creating a Dependant profile, you confirm that you have that agreement or authority. If the agreement is withdrawn or your authority ends, you must delete the profile.

6.3 Your responsibility. If you use EverWell for a Dependant, you are responsible for using it in that person's interest, for following these Terms, and for keeping their information private. Everything in Section 2 applies equally to information shown for a Dependant: ask their doctor or pharmacist, and do not rely only on EverWell.

6.4 Where Dependant information is kept. Dependant profiles are stored the same way as your own health data: only on your device (and in your own device backups and encrypted backup files, if you make them). EverAssistant does not receive them.

6.5 Apple Family Sharing. If Family Sharing is turned on for your subscription, members of your Apple Family Sharing group may be able to use the paid features on their own devices, under Apple's rules. Each person who uses EverWell must meet the age requirement in Section 4.1 and accept these Terms. Each family member's EverWell data stays on their own device and is not shared with you through EverWell.

7. Keeping your device and Account secure

Your health data in EverWell is only as secure as your iPhone and your Apple Account. Please protect your device with a passcode, keep your Apple Account secure (including two-factor authentication), and consider turning on EverWell's Face ID or passcode lock. Anyone who can unlock your iPhone, including anyone whose face or fingerprint you have added to it, may be able to see your EverWell information.

Please tell us promptly at [email protected] if you think someone has accessed your Account without permission. To the extent permitted by law, we are not responsible for loss or damage caused by unauthorized use of your device, your Apple Account, or your Account that results from your failure to keep them secure.

8. Your health data and privacy

8.1 Your health data stays with you. The health information you add to or connect with EverWell (medicines, supplements, food, lab results, routine, Apple Health data, chat history, photos, documents, voice notes, and EverWell's on-device memory) is stored only on your device. EverWell does not sync it to iCloud or to any other cloud service. EverWell is built so that this information never reaches our servers, and we do not have access to it. The only exception is the optional Encrypted Cloud Backup (Section 8.5), which is encrypted on your device before upload so that we cannot read it. Our Privacy Policy and Consumer Health Data Privacy Policy explain this in detail, along with the limited information we do handle (for example, your email if you create an Account).

8.2 You control it, and you are responsible for your copies. Because we do not receive your health data, we cannot recover it for you. If you delete the App, or lose, reset, or replace your device without a backup, your EverWell health data may be lost permanently. You have three ways to keep it: (a) your device's own backup or transfer to a new iPhone (iCloud Backup, a computer backup, or Quick Start), which Apple provides under its own terms and which may include EverWell's data; (b) Apple Health, which keeps its own data and lets EverWell read it again on a new device; and (c) an encrypted backup file that you create in EverWell and save wherever you choose, protected by a passphrase or recovery key that only you have. You can save it with your iPhone's Files app, including to a third-party cloud storage service such as iCloud Drive, Google Drive, OneDrive or Dropbox; that provider's own terms then apply, and EverAssistant is not responsible for it. If you turn on automatic backups, EverWell saves new encrypted backup files to the folder you chose and removes older ones it created there. With the paid plan (when available), you can also turn on (d) an encrypted cloud backup (Section 8.5). If you lose your passphrase or recovery key, neither you nor we can open the file or the cloud backup. You can also export all of your data from EverWell at any time, for free. We recommend keeping a recent backup.

8.3 Apple Health. EverWell reads only the Apple Health categories you allow, and never writes to Apple Health. You can change these permissions at any time in your iPhone's Settings. We never use Apple Health data for advertising or marketing, and we never sell it. EverWell's AI features are provided by Apple Intelligence and are subject to Apple's privacy terms.

8.4 Your content belongs to you. You keep all rights to the information, photos, and documents you add to EverWell ("Your Content"). Because Your Content stays on your device, you do not grant EverAssistant any license to it, except that you allow the App to process it on your device (and, if you opt in, through Apple Private Cloud Compute as described in Section 9), and, if you turn on cloud backup, you allow us to store and delete the encrypted backup file as described in Section 8.5, to provide the Service to you.

8.5 Encrypted cloud backup (paid plan, when available). If you subscribe to EverWell Family + Export and turn on Encrypted Cloud Backup, the App encrypts a backup of your EverWell data (not data read from Apple Health) on your device with your passphrase or recovery key and uploads only the encrypted file to Cloudflare R2 in a storage location restricted to the United States. We never receive your key and cannot read, use, or restore your backup without it. Because the backup is stored in the United States, it may be subject to US law, including lawful access requests by US authorities, even if you live in Canada or elsewhere; neither we nor Cloudflare can read it without your key. We keep at most your newest 2 backups and up to 2 GB per account. If you lose your passphrase or recovery key, your cloud backup cannot be recovered by anyone, including us, and you agree that we are not responsible for that loss. You can delete your cloud backups at any time in the App. We delete them when you delete your Account, and after a 90-day restore-only window when your subscription ends, after reminding you. Cloud backup is a convenience, not a guarantee: please keep your own device backup or backup file too.

9. AI features and Apple services

9.1 How EverWell's AI works. EverWell uses artificial intelligence to read photos and documents, understand what you say or type, and write answers. Depending on your device and your choices, this runs in one of three ways: (a) Basic mode, using templates on your device; (b) Apple Intelligence on your device, where your device supports it; or (c) Apple Private Cloud Compute, only if you choose to turn it on. EverWell does not use any third-party cloud AI service, and never sends your health data to EverAssistant's servers. EverWell's chat is for health-related topics only (for example your own EverWell data, food and nutrition, supplements and medicines, exercise, sleep, lab results, general wellbeing, and how to use EverWell); it will politely decline other subjects.

9.2 Apple Private Cloud Compute. If you turn it on, Apple Intelligence may use Apple's Private Cloud Compute to answer some requests. Private Cloud Compute is provided by Apple and governed by Apple's own terms and privacy policy. You can turn it off at any time in Settings.

9.3 AI can be wrong. AI-generated text, photo and document reading, and voice transcription can make mistakes, misread a label or a dose, or leave things out. EverWell asks you to confirm what it understood before saving, and you are responsible for checking that the names, doses, units, and lab values saved in EverWell are correct. EverWell's alerts and cautions come from rules and reference data rather than from the AI chat. Some cautions are created automatically from published research when EverWell's reference data is built (see Section 10); they are labelled "Research caution". All alerts and cautions are subject to Sections 2 and 10.

9.4 Apple services. EverWell relies on Apple services such as HealthKit, Apple Intelligence, Sign in with Apple, and the App Store. These services are provided by Apple, not by EverAssistant, and your use of them is governed by Apple's terms. We are not responsible for the availability, security, or performance of Apple services.

10. Accuracy of information and reference data

EverWell's checks and explanations are based on reference information from public and, where licensed, commercial sources (for example, government drug and supplement databases and product labels), together with rules. EverWell's initial rules are reviewed by a pharmacist or physician advisor before release. EverWell may also add or update cautions automatically, without individual human review, based on peer-reviewed scientific research that meets minimum evidence standards; these are labelled "Research caution" and show the study they are based on. Research never removes or weakens a warning from an official source such as a product label or a recall. EverWell shows the source and date of its checks where it can. We update this reference information from time to time through signed data updates that contain no personal information.

We work to keep this information accurate and current, but we cannot guarantee that it is complete, correct, current, or right for your situation. Reference information may not cover every product, ingredient, brand, strength, or combination, and it may not reflect your personal health, conditions, allergies, or other medicines. Statements in third-party sources are those of their authors, not ours. TO THE EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT EVER INFORMATION OR THIRD-PARTY REFERENCE INFORMATION IS ACCURATE, COMPLETE, OR UP TO DATE.

11. Plans, subscriptions, and payments

11.1 Plans. EverWell has a free plan ("Free"). Safety checks and alerts are always included in the Free plan. We plan to offer a paid subscription, EverWell Family + Export, which adds features such as Dependant profiles, a formatted summary to share with your doctor or pharmacist, and an optional encrypted cloud backup (Section 8.5). Prices have not been set yet. Before you buy, the App and Apple's purchase screen will show you the price, the billing period, any free trial, what the plan includes, and any limits on the Free plan.

11.2 Apple handles payments. Paid subscriptions are sold and billed by Apple through the App Store, using the payment method in your Apple Account. Apple's terms and policies apply to your purchase, including billing, taxes, and refunds. EverAssistant does not receive or store your card or banking information. We receive only subscription status information from Apple (such as the product, whether it is active, and renewal, expiry, or refund dates).

11.3 Automatic renewal. Subscriptions renew automatically at the end of each billing period, at the price shown when you subscribed (or a new price you were told about under Section 11.6), until you cancel. Before you subscribe, the App will clearly show the price, how often you will be charged, that the subscription renews until cancelled, and how to cancel, and you must confirm the purchase with Apple. Your Apple Account is charged for each renewal within the 24 hours before the current period ends. To avoid the next charge, cancel at least 24 hours before the end of the current period. Where the law where you live requires it, we will also send you a reminder of your subscription terms (for example, once a year) and keep a record of your consent.

11.4 How to cancel. You can cancel at any time, online, in a few taps: in EverWell, go to Settings > Plan > Manage subscription; or on your iPhone go to Settings > [your name] > Subscriptions; or contact Apple. Cancelling stops future renewals. You keep the paid features until the end of the period you have already paid for.

11.5 Free trials. If we offer a free trial, the App will show its length, the price that applies after it ends, and the date you will first be charged, before you start it. Unless you cancel before the trial ends, the subscription will start and renew automatically. Where the law requires it, we will remind you before the trial ends.

11.6 Price changes. We may change subscription prices for future billing periods. We will tell you about a price increase in advance, within the notice period required by the law where you live (for example, about 30 days before it takes effect), and Apple will ask for your consent where its rules or the law require it. If you do not agree, you can cancel before the new price applies.

11.7 Refunds. Refund requests are handled by Apple under Apple's policies. You can request a refund at reportaproblem.apple.com. Nothing in these Terms limits any refund or cancellation rights you have under consumer protection law.

11.8 If your subscription ends. If your subscription ends, you keep full access to your data and to the free full-data export, and nothing is deleted. Existing Dependant profiles stay on your device: you can still view, edit, export, and delete them, and safety checks and alerts keep working for them. You will not be able to add new Dependant profiles or create formatted summaries until you subscribe again.

12. Communications

12.1 Service messages. If you have an Account or join the waitlist, we may email you about things you need to know, such as sign-in links, confirming your email, your subscription, account deletion, security or privacy notices, and changes to these Terms or our privacy policies. These service messages are not marketing.

12.2 Product and launch emails. We send product news or launch emails only if you have expressly agreed to receive them. Every such email identifies EverAssistant Inc., includes our mailing address and contact information, and has an easy one-click unsubscribe link. We act on unsubscribe requests right away, and always within 10 business days.

12.3 Reminders and notifications. Reminders and wellness notes inside the App (for example, optional dose reminders that you set) are created and delivered by the App on your device as local notifications. They are not sent through our servers. Notifications may appear on your lock screen; you can change this in your iPhone's notification settings.

12.4 We will never ask for your health information by email. EverAssistant will never ask you to send us your health data. Please do not include health information in emails or support requests to us.

13. Acceptable use

Your use of the Service must comply with all applicable laws. Unless we have agreed otherwise in writing, you agree not to, and not to help anyone else to:

When you contact us, please treat our team with respect. We may stop responding to abusive, harassing, hateful, or threatening communications.

If we reasonably believe you have breached this Section, we may investigate and may suspend or close your Account as described in Section 18.4.

14. License to use EverWell, and our intellectual property

14.1 Your license. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may also be used by other accounts associated with you through Family Sharing, solely for your personal, non-commercial use (including managing information for your Dependants).

14.2 Our property. The Service, including the App, its software, design, text, graphics, icons, templates, rules, curated reference data, and the "EverWell" and "EverAssistant" names and logos (the "Contents"), is owned by EverAssistant or its licensors and is protected by copyright, trademark, and other laws. Except for the limited license in Section 14.1, these Terms do not give you any right, title, or interest in the Service or the Contents. Third-party reference data remains subject to its owners' rights and licence terms. You must not remove, alter, or hide any copyright, trademark, or other notices in the Service.

14.3 Your exports. You may print, share, and keep exports and summaries you create in EverWell for your personal use, for example to share with your doctor or pharmacist.

15. Feedback

If you send us ideas, suggestions, or feedback about EverWell ("Feedback"), you allow us to use it without restriction or payment to you. Please do not include health information or other personal information in Feedback. Feedback you give in the App (for example, a thumbs up or down on an answer) is handled as described in our Privacy Policy.

16. Third-party services and links

The Service may include links to third-party websites or services (for example, a reference source, the App Store, or Apple Settings) and relies on third-party services such as Apple's. We do not control third-party websites or services and are not responsible for their content, availability, or practices. A link does not mean we endorse the site or its products. Your use of third-party websites and services is subject to their terms and privacy policies.

17. Changes to EverWell and to these Terms

17.1 Changes to the Service. We may add, change, or remove features, or stop offering the Service (in whole or in part). If we stop offering a paid feature you have paid for, we will tell you in advance where reasonably possible, and you may be eligible for a refund from Apple under Apple's policies or under consumer protection law. If we stop offering the Service entirely, we will give you at least 60 days' notice in the App (and by email if you have an Account) so that you can export your data. After that, EverWell's reference information will no longer be updated; the App will tell you this, and you should not rely on its checks.

17.2 Changes to these Terms. We may update these Terms, for example to reflect new features or changes in the law. We will post the updated Terms in the App and on our website and update the "Last updated" date. For a material change, we will tell you in the App, and by email if you have an Account, at least 30 days before it takes effect (and within any notice period the law where you live requires), explain what is changing, and ask you to read and accept the updated Terms. Changes needed for safety reasons or to comply with the law may take effect sooner. If you do not agree to a change, you can stop using the Service, cancel your subscription, and delete your Account at any time, and a change that is adverse to you will not apply to a subscription period you have already paid for. If the law where you live gives you other options, such as keeping your existing agreement unchanged, you keep those options.

17.3 Additional terms. Some features may come with additional terms that we show you before you use them (for example, terms for a free trial or a beta feature). If additional terms conflict with these Terms, the additional terms apply to that feature, but they cannot reduce your rights under Section 22 or under consumer protection law.

18. Ending your use, and deleting your Account

18.1 You can stop at any time. You can stop using EverWell at any time by deleting the App.

18.2 Deleting your Account. If you have an Account, you can delete it from inside the App (Settings > Account > Delete account), or by emailing us. Deleting your Account removes your Account information and any encrypted cloud backups from our systems as described in our Privacy Policy. Deleting your Account does not cancel an App Store subscription; please cancel it in your Apple Account settings, and the App will show you how.

18.3 Deleting your health data. Your health data on your device is separate from your Account and is controlled by you. You can delete it at any time in the App (for example, "Delete all my data", or removing everything imported from Apple Health) or by deleting the App. Copies in your own device backups or in backup files you saved are under your control, and you can delete them yourself. We cannot delete any of it for you, because we do not have it. Encrypted cloud backups (Section 8.5) are the exception: you can delete them in the App, and we delete them as described there.

18.4 Our right to suspend or close Accounts. We may suspend or close your Account, or restrict your access to the Service, if you materially breach these Terms, if the law requires us to, or if your use creates a real risk of harm or legal exposure to you, other people, or us. Where reasonable, we will tell you in advance and give you a chance to fix the problem. If we close your Account without cause while you have a paid subscription, you may be entitled to a refund from Apple or under consumer protection law. Closing your Account does not affect the health data on your device, and you can still export it.

18.5 What continues after these Terms end. Sections 2, 3, 8.2, 10, 13 (for past conduct), 14.2, 15, and 19 to 25 continue to apply after these Terms end.

19. Disclaimer of warranties

SOME PROVINCES, TERRITORIES, AND STATES DO NOT ALLOW CERTAIN WARRANTIES OR CONDITIONS TO BE EXCLUDED. FOR EXAMPLE, ONTARIO'S CONSUMER PROTECTION ACT GIVES CONSUMERS WARRANTIES THAT CANNOT BE WAIVED. IF YOU LIVE IN ONE OF THESE PLACES, YOU HAVE THE WARRANTIES AND CONDITIONS THAT THE LAW REQUIRES, AND THE EXCLUSIONS BELOW APPLY ONLY TO THE EXTENT THAT LAW ALLOWS.

OTHERWISE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL EVER INFORMATION ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT THE SERVICE WILL IDENTIFY EVERY INTERACTION, EXCESS AMOUNT, TIMING ISSUE, OR OTHER RISK; THAT EVER INFORMATION IS ACCURATE, COMPLETE, OR SUITABLE FOR YOU; THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; OR THAT YOUR DATA WILL NOT BE LOST.

20. Limitation of liability

SOME PROVINCES, TERRITORIES, AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF YOU LIVE IN ONE OF THESE PLACES, THE LIMITATIONS BELOW APPLY ONLY TO THE EXTENT THAT LAW ALLOWS. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

OTHERWISE, AND TO THE FULLEST EXTENT PERMITTED BY LAW:

(A) EVERASSISTANT, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, OPPORTUNITIES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES;

(B) WE WILL NOT BE LIABLE FOR ANY DECISION YOU OR ANYONE ELSE MAKES, OR ANY ACTION TAKEN OR NOT TAKEN, IN RELIANCE ON EVER INFORMATION WITHOUT CHECKING WITH A HEALTH PROFESSIONAL, INCLUDING ANY DECISION TO TAKE, STOP, OR CHANGE A MEDICINE, SUPPLEMENT, FOOD, OR DOSE;

(C) WE WILL NOT BE LIABLE FOR THE LOSS OF HEALTH DATA OR OTHER CONTENT STORED ON YOUR DEVICE, IN YOUR DEVICE BACKUPS, OR IN BACKUP FILES YOU SAVE, WHICH WE DO NOT CONTROL (INCLUDING LOSS BECAUSE A BACKUP PASSPHRASE OR RECOVERY KEY IS LOST, WHICH ALSO MAKES AN ENCRYPTED CLOUD BACKUP UNRECOVERABLE), OR FOR DELAYS, INTERRUPTIONS, OR FAILURES CAUSED BY THE INTERNET, YOUR DEVICE, APPLE SERVICES, OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL; AND

(D) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (II) CA$100 (OR US$100 IF YOU LIVE IN THE UNITED STATES).

21. Indemnity

To the extent permitted by law, you agree to compensate EverAssistant for reasonable losses and costs (including reasonable lawyers' fees) from a claim brought by a third party that results from (i) your intentional misuse of the Service, or (ii) your adding or using another person's information without their agreement or your legal authority. This Section does not apply to the extent the claim is caused by our own breach, negligence, or misconduct, and it does not apply where consumer protection law does not allow it.

22. Governing law and disputes

22.1 Let's talk first. If you have a concern about EverWell, please email us first at [email protected]. We will acknowledge your message and try in good faith to resolve it within 30 days. This step is voluntary and does not stop any legal deadline from running.

22.2 Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules. If you are a consumer, this choice of law does not take away the protection of the mandatory consumer protection and privacy laws of the province, territory, or state where you live.

22.3 Courts. Subject to Section 22.4, you and we agree to the jurisdiction of the courts located in Toronto, Ontario. If you are a consumer, you may also bring a claim in the courts where you live (including a small claims court) where the law allows it.

22.4 No forced arbitration; class actions allowed. These Terms do not require you to resolve disputes through arbitration, and they do not waive your right to start or take part in a class action. You and we may agree to arbitration after a dispute arises, but only if you choose to.

23. Apple App Store terms

These terms apply because you got the App from Apple's App Store:

Questions, complaints, or claims about the App should be sent to EverAssistant using the contact details in Section 25.

24. General

24.1 Entire agreement. These Terms and any additional terms under Section 17.3 are the entire agreement between you and EverAssistant about the Service, and replace any earlier agreements about it. Our privacy policies explain how we handle personal information.

24.2 Notices. We may give you notices in the App, on our website, or by email (if you have an Account or joined the waitlist). You can give us notice using the contact details in Section 25.

24.3 No waiver. If we do not enforce a right or provision of these Terms, that is not a waiver of it, and we may still enforce it later.

24.4 Severability. If any part of these Terms is found to be illegal, invalid, or unenforceable where you live, the rest of these Terms remains in effect, and that part will be applied to the minimum extent the law allows or removed.

24.5 Assignment. You may not assign or transfer these Terms or your Account. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or part of our business, as long as your rights under these Terms and our privacy policies are not reduced.

24.6 Events beyond our control. We are not responsible for delays or failures caused by events beyond our reasonable control.

24.7 Permissions. If you would like our permission to do something these Terms require our consent for (for example, reproducing parts of the Service), please email us.

24.8 Language. These Terms are provided in English. A French version will be made available before EverWell is offered in Quebec.

24.9 Headings and the short version. Headings and "The short version" are for convenience only and do not affect the meaning of these Terms. "Including" means "including without limitation".

25. Contact us

EverAssistant Inc.

Email (support, questions, complaints, and privacy): [email protected] Website: https://everassistant.io Our Privacy Officer can be reached at [email protected].

© 2026 EverAssistant Inc.