Terms of Service

Effective Date: January 16, 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").

By creating an account or using our Services, you agree to these Terms. If you don't agree, please don't use LOWKEY.

1. What Lowkey Is (and Isn't)

LOWKEY is a personal pattern detection and notification system that passively notices behavioral patterns using objective data you authorize us to collect from your device. When statistical deviations from your established baseline are detected, you receive a notification first. You may optionally designate recipients to receive escalation notifications.

Important: LOWKEY is NOT:

Emergency services. Always call 911 in a real emergency.
A medical device. We don't diagnose, treat, or prevent any disease or medical condition.
A mental health or wellness app. We detect pattern deviations and send notifications—nothing more.
A guarantee. We can't prevent all crises or guarantee your safety.

LOWKEY operates on the principle of user control. You receive notifications first and decide who else, if anyone, receives them. No personal information is shared with other Lowkey members unless you specifically choose to share it.

2. Who Can Use Lowkey

You must be:

At least 16 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.

3. Your Account

Registration:

You'll 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.

4. Inner Circle: How It Works

What is your Inner Circle?

Your Inner Circle is a group of people you choose to receive notifications when concerning behavioral patterns continue after you've been notified. Inner Circle members might include family, friends, roommates, or a therapist. Anyone you trust to check in with care.

Your Consent & Control:

You choose who joins your Inner Circle
You can add or remove members anytime
Inner Circle members must consent to receive notifications
Inner Circle members can leave anytime

What Inner Circle Members See:

Inner Circle members receive notifications like: "This is a Lowkey notification for [Your Name]. We've noticed changes in their daily patterns over the past few days. Consider reaching out with: 'Hey, haven't heard from you in a bit—want to grab coffee?'"

They never see raw health metrics, GPS coordinates, or detailed activity logs. Notifications contain only high-level context and actionable guidance.

Inner Circle Member Responsibilities:

Treat notification information confidentially
Use good judgment when checking in
Respect the user's autonomy and privacy
Don't share notification information without permission

5. How Lowkey Notices Patterns & Sends Notifications

Data Collection:

Lowkey requires access to:

Health data (via Apple HealthKit): steps, heart rate, active minutes, sleep, HRV, distance, exercise time, & flights climbed
Motion data: phone pickups and movement patterns
Location patterns: when you enter/leave user-defined areas (GPS coordinates are processed on-device only)

User-First Notifications:

When we notice concerning deviations from your personal baseline (established during your first 14 days), you receive a notification first. This maintains your autonomy. Only if concerning patterns continue do we notify your Inner Circle.

Your Control:

Adjust notification sensitivity in Settings
Use Vacation Mode or Illness Mode to adjust thresholds
Pause pattern tracking completely if needed
Provide feedback on notifications to improve accuracy

6. What You Agree Not To Do

Don'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

7. The Big Disclaimers (Please Read Carefully)

NO GUARANTEE OF SAFETY

Lowkey is 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 concerning 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. Lowkey detects pattern deviations and sends notifications—it is not a medical, mental health, or wellness service.

NOT MEDICAL OR MENTAL HEALTH SERVICES

Lowkey does not provide medical advice, diagnosis, treatment, or mental health services. Always consult healthcare professionals for medical or mental health concerns.

NO WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOWKEY IS 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

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

LOWKEY ENTERPRISES, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR:

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 notifications
Actions or inactions of Inner Circle members
Any harm resulting from use of or inability to use the Services

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO LOWKEY 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.

9. 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 Inner Circle members based on notifications (within the scope of intended use)

10. 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.

11. 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:

GPS coordinates never leave your device
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 Lowkey members unless you specifically choose to share it
Your Inner Circle sees only high-level notifications if you choose to add them, never raw data
De-identified data and aggregated population trends may be used for research, product advancement, and improving pattern detection algorithms

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

12. Intellectual Property

Our Rights:

LOWKEY and all its 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 LOWKEY 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 users.

13. Termination

By You:

Delete your account anytime through Settings > Account > Delete Account. Your data will be permanently deleted within 30 days.

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.

14. 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.

15. 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.

16. Geographic Restrictions

LOWKEY is based in the United States and intended for users 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.

17. 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).

18. 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.

19. 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 LOWKEY, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or compensation to you.

20. Contact Us

Questions about these Terms?

Email: support@lowkeyprotection.com

Address: Lowkey Enterprises, Inc., 2525 Arapahoe St Unit E4 #715, Boulder, CO 80302

By using LOWKEY, you acknowledge that you've read, understood, and agree to be bound by these Terms of Service.