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Terms of Service

Effective Date: August 20, 2026

Welcome to LOWKEY. These Terms of Service ("Terms") govern your use of the LOWKEY mobile application and related services (collectively, the "Services") provided by Lowkey Enterprises, Inc. ("LOWKEY," "we," "us," or "our").

You hereby accept or acknowledge your prior acceptance of, these Terms. If you don't agree, you should not use the Services.

1. Medical Disclaimer: Not Medical Advice

The Services are not a medical device, a clinical tool, or a diagnostic service.

  • Informational purposes only: All Services, including pattern analysis, notifications, and references to third-party health information (e.g., Mayo Clinic guidelines), are for general informational and educational purposes only.
  • No doctor-patient relationship: Your use of the Services does not create a doctor-patient or any other professional healthcare relationship.
  • Not for diagnosis or treatment: The Services are not intended to diagnose, treat, cure, or prevent any disease or medical/mental health condition.
  • Consult a professional: Always seek the advice of a qualified physician or mental health professional regarding any medical condition. Never disregard professional medical advice or delay seeking it because of information provided by LOWKEY.

2. Purpose & Limitations

The Services include a wellness tool intended to support awareness of lifestyle and daily activity changes of mobile application users (“Subscribers”) identified by mobile phones or wearable devices and provide the option to connect with and invite only people you identify.

LOWKEY provides informational wellness and self-awareness tools only. The Services analyze user-authorized activity and lifestyle signals from Apple HealthKit and your mobile device to surface pattern changes for personal awareness. LOWKEY tracks activity and performs analysis for all Subscribers, but connections may elect to use the Services as a Connection to one or more other Subscribers. LOWKEY does not provide medical, psychological, or clinical advice, diagnosis, treatment, monitoring, crisis support, or emergency services.

Alerts and notifications are informational and reflective in nature and should not be relied upon for decision-making, safety, or emergency response as LOWKEY can’t guarantee that alerts or notifications do or do not reflect changes of concern. Subscribers are solely responsible for how they interpret and act or refrain from acting on any information provided by the Services. The Services are not a substitute for professional care or judgment.

If you believe you or someone else may be in danger or at risk, call 911 (or your local emergency number) and/or 988 (in the U.S.).

Automated Processing / AI Transparency

LOWKEY uses automated processing (including statistical models and, in some areas, may in the future use AI-assisted logic) to generate Contextual Insights, confidence or data-quality indicators, and notifications about sustained pattern changes.

  • No medical advice: These outputs are informational wellness signals only. They are not medical advice, diagnosis, or treatment recommendations.
  • Not real-time monitoring: The Services are not a real-time safety monitor. Outputs may be delayed or incomplete due to device user behavior, device settings, permissions, or data availability.
  • No guarantees: Automated outputs may be wrong (false positives / false negatives), and LOWKEY does not guarantee that any notification will be generated or delivered.

What LOWKEY Is (and Isn't)

The Services are a personal pattern detection and notification system that passively notices data you authorize us to collect from your device. When certain deviations from your established baseline are detected, you receive a notification. You may optionally designate other Subscribers to also receive notifications.

Important: The Services are NOT:

  • Emergency services. Always call 911 (or your local emergency number) in a real emergency.
  • A medical device, clinical tool, or diagnostic service. We don't diagnose, treat, cure, predict, or prevent any disease or mental health condition.
  • A substitute for professional advice or care. Use good judgment and consult qualified professionals when needed.
  • A guarantee. We can't prevent crises or guarantee anyone’s safety.

LOWKEY operates on the principle of user control. You receive notifications first and decide who else, if anyone, could also receive them if they elect to become Subscribers and connect with you through an invitation process you control (“Connections”). You decide who to invite to be a Connection, what information is shared with Connections. By using LOWKEY, you are consenting to this sharing through LOWKEY. We will notify you when a person invited to become your Connection completes the process.

3. Technical Requirements: The “Always-On” Protocol

To provide pattern analysis, LOWKEY requires consistent access to your device's data.

  • Permissions are mandatory: If you do not grant or maintain permissions for HealthKit, Motion, Phone use, Location and Notifications, LOWKEY cannot function at full capacity and provide timely alerts.
  • App remains open in background: Similar to a digital car key, LOWKEY must remain open in the background to sync data. If you force close the app or disable background refresh, we cannot detect patterns or send alerts.
  • 24-hour delay: The Services are a reflective tool, not a real-time monitor. All alerts and insights are a minimum of 24 hours behind current activity. Do not use LOWKEY for real-time emergency tracking or life-safety monitoring.

4. Who Can Use LOWKEY

You must be:

  • At least 18 years old
  • Able to form a binding contract under applicable law
  • Using LOWKEY for personal, non-commercial purposes

If you're using LOWKEY on behalf of an organization (like a treatment center or university), you represent that you have authority to bind that organization to these Terms.

5. Your Account

Registration

You agree to provide accurate information (name, email, phone number) when you create your account.

Your Responsibilities

  • Keep your login credentials secure
  • Notify us immediately of any unauthorized access
  • You're responsible for all activity under your account

Account Security

Don't share your account or let others use your credentials.

6. Your Connections

You may invite people to connect with on the app and become your Connections by becoming Subscribers and accepting your invitation. Invitations to become a Subscriber are sent by LOWKEY via your SMS messaging app.

What Connections See

Connections can see the following information about you:

  • Status color (e.g., blue, green, etc.)
  • Alerts only (e.g., “Something seemed different yesterday.”)
  • Contextual insights (e.g., “Sleep is 20% below average.”)
  • Shared graphs depicting trends (e.g., “2,400 steps yesterday.”)
  • Overall score (e.g., combined score of categories)

No raw data access: Connections never have access to your raw health logs, high-frequency sensor data, or real-time location.

Future custom alerts: You can set personalized triggers (e.g., "Notify me if I don't leave the house for at least 1 hour a day"). (Coming soon)

No duty to respond: There is no legal or professional duty for your Connections or for LOWKEY to respond to or act upon any alert created by the Services. Notifications are "nudges" for awareness, not emergency dispatches, and may not be accurate.

Connection Responsibilities

When you use LOWKEY as a Connection, you agree to:

  • Treat notification information confidentially
  • Use good judgment when checking in
  • Respect the autonomy and privacy of the Subscriber(s) you’ve agreed to support
  • Share notification information ONLY with the subject Subscriber’s permission

7. How LOWKEY Notices Patterns & Sends Notifications

Data Collection

LOWKEY requires access to:

  • Health data (via Apple HealthKit): we may request permission on your device to read (and where applicable write) any HealthKit data types you authorize, so we can analyze patterns that may indicate changes in a person’s routine and well-being indicators over time. Examples include steps, heart rate, active minutes, sleep, HRV, distance, and phone use. Availability varies by device (iPhone vs Apple Watch) and by what data exists in Apple Health. This includes data being collected by HealthKit from a third party device or service.
  • Motion data: phone pickups and movement patterns.
  • Phone use: time on phone, number of phone pick ups during sleeping hours.
  • Location pattern data: data reflecting when you enter or leave user-defined locations (geofenced areas such as your home). GPS coordinates are processed on your device and then transmitted to our servers, where stored along with anonymized location pattern identifiers (e.g., “Home”).

Subscriber-First Notifications

When we initially notice deviations from your personal baseline, you receive a notification first. This maintains your autonomy. Only if deviation patterns continue do we notify your Connections (if you have chosen to add them and they have become Subscribers and accepted your invitation).

Your Control

  • Adjust notification sensitivity in Settings
  • Use Vacation or Illness Mode settings
  • Who you invite
  • Provide feedback on notifications to improve accuracy

8. Sample In-App Notifications & Context for Subscribers and Connections

Our notifications provide context based on your personal baseline and general wellness data.

Subscriber example alert:

"Your sleep has been below 5 hours for 3 days. Your personal average is 7.2 hours. For general information, the Mayo Clinic notes that adults typically need 7+ hours of sleep per night."

Connection example alert:

“Compared with Jordan’s usual routine:

  • Movement has been 80% lower over the last 2 days compared with their usual 5 hours of movement.
  • Time at home has changed noticeably: down to 5 hours compared with 15 hours.
  • Sleep has been outside their usual pattern.

Jordan left you a note: ’If you get this, don’t freak. Just call me.’”

Coming soon: Subscribers will be able to choose if Connections receive any metrics at all and just be able to see the color of Subscribers’ star, and receive alerts. For now, there is no difference in what information is shared between connections.

Example:

“This may be a good time to check in with Jordan. Compared with Jordan’s usual routine:

  • Movement has been lower over the last few days.
  • Time at home has changed noticeably.
  • Sleep has been outside their usual pattern.

Jordan left you a note: ’If you get this, don’t freak. Just call me.’”

Call to action: Check in

9. What You Agree Not To Do

You won’t:

  • Use LOWKEY for any illegal purpose
  • Deliberately trigger false notifications or game the system
  • Try to reverse engineer, hack, or break the app
  • Use LOWKEY to stalk, harass, or harm anyone
  • Share your account credentials
  • Remove proprietary notices or labels
  • Violate anyone's privacy or other rights

10. The Big Disclaimers (Please Read Carefully)

No Guarantee of Safety

The Services are a pattern detection and notification tool, not a safety guarantee. We cannot and do not guarantee prevention of crisis, harm, or adverse outcomes. Our detection algorithms may produce false positives (notifications when you're fine) or false negatives (missing changes).

Not a Substitute for 911

In an emergency, always call 911 or your local emergency services immediately. Don't rely on LOWKEY for emergency response. LOWKEY sends notifications; it doesn't dispatch help.

Algorithm Limitations

Our pattern detection isn't perfect. Technical limitations, environmental factors, phone settings, or network issues can affect performance.

No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We don't warrant that:

  • The Services will be uninterrupted, timely, secure, or error-free
  • Results will be accurate or reliable
  • Defects will be corrected
  • The Services will meet your specific needs

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOWKEY SHALL NOT BE LIABLE FOR:

  • Any failure to send an alert due to the app being closed or permissions being revoked
  • Any reliance on the informational alerts as "medical advice"
  • Any harm resulting from the 24-hour data latency
  • The actions, inactions, or lack of response from any Connection
  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Service interruptions or failures
  • Failure to detect concerning patterns
  • Missed notifications or false/inaccurate notifications

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO LOWKEY AND THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

Some states don't allow exclusions of certain warranties or limitation of liability for certain damages, so some of these limitations may not apply to you.

12. Your Indemnification

You agree to defend, indemnify, and hold harmless LOWKEY and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your violation of anyone else's rights
  • Actions taken by your Connections based on notifications (within the scope of intended use)

13. Subscriptions & Payment

Subscription Options

Individual and Family Sharing via Apple App Store.

Billing

  • Subscriptions are processed through Apple's App Store
  • Payment is charged to your Apple ID account
  • Subscriptions auto-renew unless canceled at least 24 hours before renewal

Cancellation

Cancel anytime through iPhone Settings > [Your Name] > Subscriptions. Cancellation takes effect at the end of your current billing period. No refunds for partial periods.

Price Changes

We may change subscription prices with 30 days' advance notice. Continued use after a price change means you accept the new price.

14. Privacy & Data

Your privacy is non-negotiable. Our Privacy Policy (incorporated into these Terms by reference) explains how we collect, use, and protect your information.

Key Privacy Commitments

  • We collect only what's necessary for pattern detection and notifications
  • We will never sell your personal data to advertisers, data brokers, or third parties
  • No personal information is shared with other Subscribers unless you specifically choose to share it
  • Connections see notifications if you choose to add them
  • Out of app notifications never show metrics
  • De-identified data and aggregated population trends may be used for research, product advancement, and improving pattern detection algorithms

Algorithm Transparency (Plain Language)

  • LOWKEY uses a baseline deviation & change approach to estimate when your routine has meaningfully shifted relative to your own norms.
  • These signals can be incomplete or noisy (for example, phone-only users or missing HealthKit data), and LOWKEY may suppress or adjust notifications when there isn't enough signal to make a reliable assessment.

Read our full Privacy Policy at hellolowkey.com/privacy.

15. Intellectual Property

Our Rights

The Services and all content, features, algorithms, and functionality are owned by Lowkey Enterprises, Inc. and protected by U.S. and international copyright, trademark, patent, and other intellectual property laws.

Your License

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes only.

Your Data

You retain ownership of your personal data. You grant us a license to use your data to provide and improve the Services as described in our Privacy Policy. This includes using de-identified data and aggregated population trends for research and development purposes that help us improve pattern detection for all Subscribers.

16. Termination

By You

Delete your account anytime through Settings > Account > Delete Account. Your data will be permanently deleted within 30 days. We do not delete de-identified data derived from your data.

By Us

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You engage in fraudulent, abusive, or illegal activity
  • Required by law or legal process
  • We discontinue the Services (with reasonable notice)

Upon termination, your right to use LOWKEY ends immediately. Sections of these Terms that should survive termination (like liability limitations, indemnification, and dispute resolution) will survive.

17. Modifications to Terms

We may update these Terms from time to time. We'll notify you of material changes by:

  • Posting updated Terms in the app with a new "Effective Date"
  • Sending you an email notification
  • Displaying a prominent notice in the app

Your continued use of LOWKEY after changes take effect means you accept the new Terms. If you don't agree, stop using the Services and delete your account.

18. Modifications to Services

We may modify, suspend, or discontinue any part of the Services at any time, with or without notice. We won't be liable to you or any third party for any modification, suspension, or discontinuation.

19. Geographic Restrictions

LOWKEY is based in the United States and the Services are intended for Subscribers in the United States. We make no representation that the Services are appropriate or available for use outside the U.S. If you use LOWKEY from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

20. Dispute Resolution & Arbitration

Informal Resolution First

Before filing any claim, contact us at support@lowkeyprotection.com and give us 30 days to resolve the issue informally.

Binding Arbitration

If we can't resolve the dispute informally, you agree that any dispute arising from these Terms or the Services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Exceptions to Arbitration

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.

No Class Actions

You agree to resolve disputes with us only on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

30-Day Opt-Out

You may opt out of arbitration by sending written notice to support@lowkeyprotection.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in court (see below).

21. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

If you opt out of arbitration (or for disputes not subject to arbitration), you agree that any legal action must be brought exclusively in the state or federal courts located in Boulder County, Colorado, and you consent to the personal jurisdiction of those courts.

22. General Terms

  • Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and LOWKEY regarding the Services.
  • Severability: If any provision is found unenforceable, the rest of these Terms remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • No waiver: Our failure to enforce any provision doesn't waive our right to enforce it later.
  • Assignment: You can't transfer these Terms or your account to anyone without our written consent. We may transfer our rights and obligations to another company (e.g., in a merger or acquisition).
  • Force majeure: We're not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, pandemics, government actions, network outages, etc.).
  • Feedback: If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation to you.

23. Contact Us

Questions about these Terms?

Email: support@lowkeyprotection.com
Address: Lowkey Enterprises, Inc., 2525 Arapahoe Ave Unit E4 #715, Boulder, CO 80302

24. Apple App Store Terms (Custom EULA)

This Section 24 applies when you obtain or use the LOWKEY application through the Apple App Store. For purposes of the App Store, these Terms constitute the "Licensed Application End User License Agreement" (the "EULA") and a "Custom EULA" between you and Lowkey Enterprises, Inc. The following terms supplement these Terms and, with respect to your App Store use of the Services, control in the event of any conflict. As used in this Section, "Apple" means Apple Inc.

  • Acknowledgement: This EULA is concluded between LOWKEY and you only, and not with Apple. LOWKEY, not Apple, is solely responsible for the Services and their content. This EULA does not provide for usage rules for the Services that are in conflict with, are less restrictive than, or otherwise violate the Apple Media Services Terms and Conditions.
  • Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Services may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
  • Maintenance and Support: LOWKEY is solely responsible for providing any maintenance and support services with respect to the Services, as specified in these Terms or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
  • Warranty: LOWKEY is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Services to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LOWKEY.
  • Product Claims: LOWKEY, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, health-data, or similar legislation, including in connection with the Services' use of HealthKit.
  • Intellectual Property Rights: In the event of any third-party claim that the Services or your possession and use of the Services infringe that third party's intellectual property rights, LOWKEY, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  • Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Developer Name and Address: Any questions, complaints, or claims regarding the Services should be directed to: Lowkey Enterprises, Inc., 2525 Arapahoe Ave Unit E4 #715, Boulder, CO 80302; support@lowkeyprotection.com.
  • Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Services (for example, your wireless data service agreement).
  • Third Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
  • Trademark Notice: Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.

25. Apple HealthKit Data

  • Authorized use only: The Services use the Apple HealthKit framework. We access only the HealthKit data types you expressly authorize, and we use that data solely to provide the pattern-detection, insight, and notification features described in these Terms. You may revoke HealthKit permissions at any time through your device Settings, in which case affected features may stop functioning.
  • No advertising, data mining, or sale: We will not use HealthKit data for advertising, marketing, or other use-based data mining purposes, and we will not sell HealthKit data to advertisers, data brokers, or information resellers. HealthKit data is not used to serve advertising.
  • Disclosure limits: We will not disclose HealthKit data to any third party without your express consent, and only where doing so is for the purpose of providing you health or wellness services that you have requested, or as otherwise required by law. We maintain a privacy policy governing our use of HealthKit data, available at hellolowkey.com/privacy.

26. Sharing Activity Data With Your Connections; State Privacy Rights

  • Subscriber-directed sharing: With your explicit, opt-in consent and at your direction, the Services share insights derived from your activity and lifestyle data (such as alerts, contextual insights, and summary metrics) with the Connections you designate. You control which Connections receive information and what categories of information they may see, and Connections never receive your raw health logs, high-frequency sensor data, or precise location.
  • Treatment under state privacy laws: Because disclosing your personal information to the Connections you designate may constitute a "disclosure" or "sharing" under certain U.S. state privacy laws (including the California Consumer Privacy Act, as amended by the CPRA, and comparable laws in Colorado, Virginia, Connecticut, Utah, and other states), we carry out that disclosure only at your direction and based on your affirmative, opt-in consent. We do not "sell" your personal information, and we do not "share" your personal information for cross-context behavioral advertising.
  • Sensitive data: Health, activity, and precise location information may constitute "sensitive personal information" or "sensitive data" under applicable state privacy laws. We process such information only for the purposes you have authorized and consistent with your consent, and you may limit our use of it as permitted by law and through in-app controls.
  • Your rights: Depending on your state of residence, you may have the right to access, correct, or delete your personal information; to opt out of certain processing; to withdraw consent and revoke a Connection's access at any time; to appeal a denied request; and to not receive discriminatory treatment for exercising these rights. You can exercise these rights through emailing support@lowkeyprotection.com, and we will respond to verifiable requests as required by applicable law.
  • Withdrawing consent: You may stop sharing with any or all Connections, or pause pattern tracking entirely, at any time. Withdrawing consent does not affect the lawfulness of processing carried out before withdrawal.

Third-Party Content

The Services may display, reference, or link to information, materials, guidelines, or resources provided by third parties (for example, general wellness information attributed to sources such as the Mayo Clinic) ("Third-Party Content"). Third-Party Content is provided for general informational purposes only and does not constitute medical advice. We do not create, endorse, control, or independently verify Third-Party Content, and we make no representations or warranties of any kind regarding its accuracy, completeness, reliability, timeliness, or fitness for any purpose. Any reliance you place on Third-Party Content is at your own risk, and your use of any third-party site, service, or material may be governed by that third party's own terms and policies. To the maximum extent permitted by law, LOWKEY disclaims all liability arising from or relating to Third-Party Content, including any errors, omissions, or your use of or reliance on such content.

You acknowledge that you've read, understood, and agree to be bound by these Terms of Service, including the Medical Disclaimer and Technical Requirements.