Everly legal
Terms & Conditions
Effective date: 29 August 2026
These Terms of Use ("Terms") govern your access to and use of Everly, including the Everly mobile application, websites, telephone and voice services, family features, diary and memory features, subscriptions, purchased call minutes and related services (collectively, the "Service").
The Service is operated by [LEGAL ENTITY NAME] ABN [ABN], trading as Everly ("Everly", "we", "us" or "our").
Email: [SUPPORT EMAIL]
Website: [WEBSITE URL]
Address: [BUSINESS ADDRESS]
Please read these Terms carefully. By creating or managing an Everly account, purchasing an Everly subscription or otherwise expressly agreeing to these Terms, you agree to be bound by them. If you establish or manage Everly for another person, additional obligations apply to you.
Our Privacy Policy, Voice, AI & Sensitive Information Consent and any other notices expressly incorporated into these Terms explain how particular aspects of the Service operate. Acceptance of these Terms does not by itself constitute consent to every collection, use or disclosure of sensitive information. Where separate consent is required, Everly will request it separately.
1. About Everly
Everly is an artificial intelligence-powered companionship service designed to support conversation, companionship, reminiscence, storytelling, social connection and general wellbeing. Depending on the enabled features, Everly may conduct telephone or in-app voice conversations; remember information; personalise future conversations; create summaries, diary or journal entries; assist with recalling stories, experiences, interests and preferences; make authorised information available to family members, carers or approved persons; provide general conversational information; and introduce other companionship-related features over time.
Everly is powered in part by artificial intelligence. Everly is not a human being, even where its voice, tone or conversational style sounds natural or human-like, and it will not intentionally represent itself as a real human person.
2. Important health and safety information
2.1 Everly is not medical care
Everly is designed for companionship, reminiscence, communication and general wellbeing. It is not intended to diagnose, screen for, monitor, predict, prevent, treat or cure dementia or any disease, medical, mental-health or psychological condition.
Everly is not a doctor, nurse, psychologist, counsellor, pharmacist, healthcare professional, medical device, aged-care provider, clinical dementia service, emergency monitoring service, or a substitute for appropriate human care or supervision. Do not rely on it instead of professional medical advice, diagnosis or treatment, medication management, mental-health treatment, professional aged care, necessary supervision, welfare monitoring, cognitive or dementia assessment, emergency services or other professional health or care services. Obtain appropriate professional advice when medical, psychological, medication, safety or care decisions are required.
2.2 Emergencies
Everly is not an emergency service. Do not rely on Everly to detect an emergency, determine whether a person is safe, contact emergency services, alert family, carers or healthcare providers, or provide emergency instructions. If there is an immediate risk to someone's life or safety in Australia, call 000.
2.3 Cognitive impairment and vulnerability
Everly may be used by people living with dementia, memory impairment or other cognitive conditions. Those conditions may affect a person's ability to understand, communicate or make particular decisions. Everly does not replace appropriate care, supervision, clinical assessment or supported decision-making. Where a person can make the relevant decision, their wishes should be respected; where assistance is needed, reasonable efforts should support their involvement.
3. Artificial intelligence
3.1 AI limitations
Artificial intelligence can make mistakes. Everly may misunderstand speech, incorrectly interpret or remember information, confuse people, places, dates or events, provide incomplete or inaccurate information, create inaccurate diary entries or summaries, repeat information incorrectly, give unexpected or inappropriate responses, or occasionally generate material a user considers upsetting, inappropriate or offensive. We use reasonable measures to improve quality and safety, but cannot guarantee every AI-generated response will be accurate, complete or appropriate.
3.2 Important information must be independently verified
Independently verify important information before relying on it. Everly must not be relied upon for decisions concerning health, medication, personal safety, emergencies, finances, legal matters, insurance, employment, eligibility for services, significant care decisions, or another high-impact decision concerning a person.
3.3 Diary entries, memories and summaries
Everly's diary, memory and conversation-summary features may be generated automatically using artificial intelligence. They support companionship, continuity of conversation and personal reflection; they are not verified factual, clinical, medical or legal records, professional assessments, or proof that an event occurred exactly as described. Where functionality permits, correct or delete information you believe is inaccurate.
4. Accounts
4.1 Account Holders
You must be at least 18 years old to create and manage an Everly account. The person who creates or manages an account is the "Account Holder". The person who primarily receives companionship calls or conversations is the "Companion". They may be the same person.
4.2 Accurate information and 4.3 Account security
Provide information accurate to the best of your knowledge and keep material account information reasonably current. Do not impersonate another person, knowingly provide materially false information, create an account for an unlawful purpose, or provide another person's personal information without a lawful basis or authority. Protect your credentials and devices, notify us promptly of suspected unauthorised access, and understand that we may reasonably secure, restrict or recover an account where unauthorised access is suspected.
5. Setting up Everly for another person
Creating or paying for an Everly account does not automatically give the Account Holder authority to make every privacy, health, care or personal decision for the Companion. If you establish Everly for another person, take reasonable steps to ensure that you are authorised to provide their information; they are informed Everly is an AI service; they are involved in decisions where reasonably practicable; their wishes are respected where they have capacity; required consent is obtained; you have any authority required by law where they cannot give legally effective consent; and information is not intentionally shared contrary to their legally effective wishes.
We may request reasonable evidence of authority before allowing access to information or features, including evidence of guardianship, an enduring power of attorney, another formal appointment, authority recognised by law, or another relevant relationship or legal basis. Being a spouse, child, sibling, relative or carer does not necessarily provide unrestricted authority to access another person's information.
6. Everly's own transparency obligations
Account Holder obligations do not replace Everly's obligations concerning privacy, consent and transparency. Before or when personal information is collected through a conversation, or as soon as reasonably practicable afterwards, Everly will take reasonable steps to inform or direct the Companion to accessible information about: communicating with an AI service; information collected and why; storage; generation of summaries, diary entries or memories; sharing with authorised users; privacy information; how to obtain more information; and other matters required by law.
This information may be provided through onboarding, an in-app notice, telephone-call introduction, spoken notice, written privacy collection notice or another accessible method. A Companion will not be expected to find and understand a lengthy legal document as the only way to learn they are speaking with an AI service.
7. Voice conversations, transcription and recording
7.1 Voice processing
When someone speaks with Everly, their voice and spoken content may be transmitted to systems used to provide the AI conversation. Everly processes voice in real time and does not retain raw call audio in its persistent application storage. Full transcripts normally expire within 30 days unless an owner intentionally saves one; diary entries and memories remain until deleted or the Companion account is deleted. Everly does not sell personal information or use identifiable Companion information to train general-purpose AI models. Our Privacy Policy explains current practices for voice data, transcripts, summaries and other personal information.
7.2–7.4 Derived information, recording and sensitive information
Depending on enabled features, Everly may create transcripts, extracts, summaries, diary entries, memory records, preferences or other structured information. Acceptance of these Terms does not replace separate notice or consent required by privacy or surveillance law. Everly will distinguish real-time audio processing, transcript creation, summary or memory creation, and audio-record retention. Where required, Everly will give notice and obtain consent before recording, retaining, transcribing or creating a persistent record. Conversations may contain sensitive information about health, cognitive condition, mental health, disability, relationships, family circumstances or other private matters; where required, Everly will obtain consent or another lawful basis. Acceptance is not blanket consent to every future use of sensitive information.
8. Companion consent and decision-making
Where the Companion has capacity, Everly will seek to respect their choices about use of the Service, memory features, diary generation, transcripts or summaries, family sharing, disclosure and other material privacy settings. Where appropriate and reasonably practicable, Everly may allow a Companion to decline a feature, ask Everly not to remember something, request deletion or correction, stop a conversation, change sharing permissions or withdraw consent. Where they cannot provide legally effective consent, Everly may rely on another lawful basis or an appropriately authorised person where permitted by law, and may restrict a feature where an adequate lawful basis cannot be established.
9. Family, carer and authorised access
Everly may make diary entries, conversation summaries, remembered information, activity information, preferences and other available information accessible to authorised family members, carers or approved persons. Where the Companion has decision-making capacity, personal information will be shared only where they authorise it, another lawful basis applies, or law permits or requires it. Creating, managing or paying for the account does not override their privacy choices.
Where the Companion cannot provide or communicate consent, disclosure will occur only where there is an appropriate lawful basis and may require evidence of authority; disclosure will be limited to what is reasonably appropriate and permitted by law. Authorised users must not exploit, deceive, harass, pressure, discriminate against, make unauthorised high-impact decisions about, unlawfully disclose information about, or otherwise misuse a Companion's information. We may suspend or revoke access where it is unauthorised, unlawful, abusive or creates a serious privacy or safety risk.
10. Subscriptions
Some features require a paid subscription. The subscription name, price, billing period, included call allowance, renewal terms and material conditions will be displayed before purchase.
10.1 Automatic renewal
Automatically renewing subscriptions continue for successive billing periods until cancelled; the renewal price and billing period will be shown before purchase. Apple generally processes payment and renewal for App Store purchases, which you can manage through Apple account subscription settings. Cancellation stops future renewals but ordinarily does not end access already purchased for the current period. Australian Consumer Law rights are unaffected.
10.2–10.3 Included allowance and measurement
Unless expressly stated otherwise at purchase, included conversation allowance applies only to its billing period, resets at the start of a new paid period, does not carry forward, and is not separately purchased stored-value credit. The relevant plan allowance will be displayed before purchase. Usage is measured by Everly's systems or telecommunications providers, may be measured in seconds and displayed as minutes or portions of minutes, and will not intentionally be deducted for a call that never successfully connects. Temporary display differences may occur because of processing delays or rounding. Contact us to request a review of reasonably suspected incorrect usage.
11. Purchased Refill Minutes
Additional conversation minutes ("Refill Minutes") may be purchased at the displayed price and quantity. Unless expressly stated otherwise in a manner permitted by law and the applicable marketplace: they are additional to monthly allowance; included allowance generally is used first; they do not expire solely because time passes; they remain with the relevant account until used, subject to deletion, discontinuation and law; they normally cannot be transferred; and they cannot be redeemed for cash except where law requires. Before deleting an account with unused Refill Minutes, Everly will provide any warning required by law or marketplace requirements, and will handle unused entitlement consistently with law and App Store rules.
12. Prices and payments
Prices are in the displayed currency and include applicable taxes where required. Marketplace purchases are subject to that platform's payment systems and terms. We may change prices for new customers. Recurring-subscription renewal price changes will comply with law, App Store requirements and any notice or consent requirement. We will not retrospectively change a price for a billing period already purchased.
13. Cancellation and 14. Refunds and Australian Consumer Law
You may stop using Everly at any time. Deleting the app does not cancel an automatically renewing subscription, and deleting an account does not necessarily cancel a marketplace subscription. App Store subscriptions should ordinarily be cancelled through Apple's subscription-management system; Everly will make relevant information reasonably accessible and will not intentionally impose unnecessary or unreasonable cancellation barriers.
Nothing excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law. Depending on the circumstances, a user may be entitled to a refund, replacement service, cancellation, compensation, repair, correction or another remedy. Everly does not apply a blanket “no refunds” rule contrary to Australian law. Marketplace refund processes may apply, but they do not remove rights against Everly that cannot lawfully be excluded.
15. Account deletion
Household owners can initiate Companion deletion from the family portal. Deletion may permanently remove diary entries, memories, conversation summaries, settings and family-access relationships. Save information you wish to retain where an export feature is available. We will take reasonable steps to delete or de-identify information no longer needed for a permitted purpose, subject to information we must or may retain by law.
Important: subscriptions are separate. Deleting an Everly account does not automatically cancel an active App Store subscription. Cancel it separately through the relevant marketplace.
16. Privacy and 17. Your information and content
Our Privacy Policy explains categories of information collected, sensitive information, collection purposes, providers, overseas processing or disclosure, retention, access, correction, deletion, complaints and contact details. Where required, Everly will provide a specific collection notice or request separate consent rather than relying only on this policy or these Terms.
You retain rights in the stories, written content, photographs, recordings, personal information, diary information and other content you provide. You grant us limited permission to host, process, reproduce and use it only as reasonably necessary to provide requested features, secure and maintain the Service, comply with law and carry out permitted Privacy Policy purposes. This does not transfer ownership. You must have a right or lawful basis to provide another person's information.
18. Intellectual property
Except for user-provided content, Everly's software, branding, interface, designs, documentation and other intellectual property are owned by us or our licensors. Subject to these Terms, you receive a limited, personal, non-exclusive, non-transferable and revocable right to use the Service as intended. Except where law prevents us from prohibiting it, do not copy or commercially redistribute the Service, circumvent security controls, obtain unauthorised access, misuse Everly branding, use unauthorised automated methods or materially interfere with Everly.
19. Acceptable Use
19.1 Harm, exploitation and illegal activity
Use Everly lawfully and responsibly. Do not use it for unlawful activity; to exploit an elderly, vulnerable or cognitively impaired person; to harass, threaten, abuse or deliberately distress someone; to facilitate fraud, deception or financial exploitation; to impersonate deceptively; to obtain private information without authority; or to materially violate legal or privacy rights.
19.2–19.5 Deceptive AI use, safety, interference and model extraction
Do not materially deceive others by presenting Everly-generated content as human-created, mislead a Companion into believing Everly is a real person, deceptively impersonate a real person, or use synthetic voice or AI for fraud. Do not circumvent safeguards, conduct prompt-injection or jailbreak attacks, probe for vulnerabilities, assist restriction evasion, introduce malicious software, conduct denial-of-service attacks, scrape without authority, interfere with infrastructure, bypass usage limits, authentication or technical restrictions, reverse engineer an AI model, systematically extract protected model information, reconstruct a competing model, or evade underlying provider restrictions.
19.6 High-impact automated decisions and 19.7 Enforcement
Do not use Everly as the sole basis for automated decisions with significant impact on medical treatment, healthcare, employment, credit, insurance, legal rights, financial eligibility, housing, essential services or similar interests. Important decisions require appropriate human assessment and, where relevant, professional advice. We may use reasonable and proportionate warnings, feature restrictions, suspension or termination to prevent misuse, protect users and systems, meet provider requirements, investigate abuse or comply with law.
20. Third-party services and 21. Availability
Everly relies on third-party AI, telecommunications, cloud infrastructure, analytics, diagnostics, payment, subscription-management and app-marketplace providers. Outages or failures in systems we do not fully control may affect the Service; direct third-party terms may apply in addition to these Terms. Everly may be unavailable due to maintenance, updates, telecommunications or internet outages, third-party failures, security incidents, faults, emergency maintenance or events beyond reasonable control. We do not promise continuous, error-free operation, without limiting guarantees or rights that cannot lawfully be excluded.
22. Changes to the Service
We may improve, modify, add or remove features as Everly develops, but will not use this clause to make arbitrary or materially detrimental changes to a paid Service without regard to your rights. If a change materially reduces a significant paid-subscription feature, we will take reasonable steps appropriate to the circumstances, such as advance notice, maintaining the feature to the prepaid period's end, offering an alternative, allowing cancellation of a future renewal, providing an appropriate remedy or another reasonable solution.
Urgent changes may occur without advance notice where reasonably necessary to comply with law, address significant security issues, prevent fraud or abuse, protect users or Service integrity, or respond to events beyond reasonable control.
23. Changes to these Terms
We may update these Terms where reasonably necessary for Service or feature changes, law or regulation, security, technology, third-party provider requirements or legitimate business changes. For minor, administrative or non-material changes, we may give notice through the Service or another reasonable method; continued use may be acceptance where law permits.
If a change materially affects rights or obligations, we will take reasonable steps to notify you before it takes effect. For a change adversely affecting a paid subscription, we will give reasonable notice where practicable and required, generally apply it prospectively, not retrospectively reduce service already paid for without an appropriate remedy or lawful basis, require express acceptance where appropriate, and allow cancellation of future renewals. This does not permit an unfair contract term or removal of non-excludable rights.
24. Suspension and 25. Termination by Everly
We may proportionately restrict or suspend an account for unlawful use, serious safety or privacy risks, unauthorised access, legitimately outstanding payment, material abuse, interference with our systems, valid urgent provider requirements or legal requirements. Where reasonably practicable, we will give notice and an opportunity to address the issue.
We may terminate an account for serious or repeated breach, serious safety or privacy risk, unlawful continued operation, serious fraud or abuse, or where continued provision is no longer reasonably possible. Where reasonable, we will provide notice. If Everly terminates a prepaid Service without user fault, unused paid entitlements will be addressed consistently with law. Termination does not remove accrued rights or consumer protections.
26. Responsibility and liability
Nothing excludes, restricts or limits liability where unlawful, including Australian Consumer Law rights and guarantees. To the extent permitted by law, Everly is not responsible for loss caused solely by unlawful or improper use, failure to follow a clear safety warning, knowingly false user information, conduct outside our reasonable control, or telecommunications or internet failure outside our reasonable control, except to the extent Everly's act, omission, negligence or breach contributed to the loss. AI-generated information is not professional advice; obtain professional assistance where required. Nothing limits a right or remedy because Everly failed to provide the Service to a legally required standard.
27. App Store terms
iOS use may also be subject to Apple's App Store terms and end-user licence agreement. Unless Everly publishes a custom end-user licence agreement, Apple's standard agreement may govern the iOS-app licence. These Terms separately govern your Everly account, use of the Service, subscriptions, features and relationship with Everly. Mandatory law and App Store requirements prevail where required.
28. Complaints
For a complaint, contact us at [SUPPORT EMAIL] with enough information to understand and investigate it. We will attempt to consider complaints fairly and within a reasonable period. Privacy complaints may be handled under the Privacy Policy. Nothing prevents you from exercising rights under consumer or privacy law, seeking independent legal advice, contacting a regulator or using another legally available dispute-resolution process.
29. Governing law
These Terms are governed by the laws of Queensland, Australia and applicable Commonwealth laws. Subject to any right to bring proceedings elsewhere under consumer, privacy or other applicable law, Queensland and relevant Commonwealth courts may hear disputes. Nothing restricts a jurisdictional right that cannot lawfully be restricted.
30. Severability, 31. No waiver and 32. Entire agreement
If a provision is invalid, unlawful or unenforceable, it will be interpreted or severed only as necessary; the remaining provisions continue. A delay in enforcing a provision is not a permanent waiver. These Terms and expressly incorporated policies, notices and consents constitute the agreement governing your use of Everly, subject to rights that cannot lawfully be excluded.
33. Contact us
Everly
[LEGAL ENTITY NAME] ABN [ABN]
Email: [SUPPORT EMAIL]
Website: [WEBSITE URL]
Address: [BUSINESS ADDRESS]
Plain-English summary
This summary is for convenience only; the Terms above apply if there is any inconsistency.
- Everly is an AI companion. It is not a healthcare professional, medical device, emergency service or replacement for appropriate care or supervision.
- AI can make mistakes. Independently verify important health, medication, financial, legal and safety information.
- The Companion's wishes matter. Creating or paying for an account does not give unrestricted authority over another person's information.
- Everly will provide privacy information directly. We do not rely only on a family member to explain that Everly is AI or how information is processed.
- Voice conversations may be processed. Enabled features may create transcripts, memories, diary entries or summaries; additional notice or consent will be provided where required.
- Family access is permission-based. Information is shared only with appropriate consent, authority or another lawful basis.
- Subscriptions may renew automatically. Price, billing period and included allowance will be shown before purchase; monthly included allowance resets each period and does not carry forward unless stated otherwise.
- Purchased Refill Minutes do not expire merely because time passes. Deleting Everly does not automatically cancel an App Store subscription. Australian Consumer Law rights continue to apply.
- Everly may restrict harmful or abusive use, including exploitation of vulnerable people, deceptive AI use, attempts to bypass safeguards, unauthorised access and use as the sole basis for high-impact automated decisions.