LYVVOUT CONNECT TERMS OF SERVICE
1. Introduction
These Terms of Service (“Terms”) govern access to and use of LyvvOut Connect, a service owned and operated by QSWP Consulting LLC, a Texas limited liability company (“QSWP,” “LyvvOut Connect,” “we,” “us,” or “our”).
LyvvOut Connect is a technology-enabled resident engagement and companion-conversation platform designed specifically for senior living communities and organizations. LyvvOut Connect is separate and distinct from the consumer-facing LyvvOut service operated by QSWP Consulting LLC. These Terms apply only to LyvvOut Connect.
LyvvOut Connect enables participating senior living communities to provide residents with personalized telephone-based AI companion conversations, including resident-initiated inbound calls and, where authorized, scheduled outbound calls.
By accessing or using LyvvOut Connect, participating in a LyvvOut Connect call, enrolling a resident in the service, accessing administrative features, or otherwise using the service, you acknowledge these Terms.
Where a senior living community or organization has entered into a separate written agreement with QSWP Consulting LLC, that agreement also governs the organization's use of LyvvOut Connect. If a direct conflict exists between these Terms and a signed agreement, the signed agreement controls with respect to that organization.
2. Who May Use LyvvOut Connect
LyvvOut Connect is intended for use through participating senior living communities and organizations, including independent living communities, assisted living communities, memory care communities, continuing care retirement communities, and similar organizations.
Residents may access the service through the telephone number assigned to their participating community or through authorized outbound calls.
LyvvOut Connect is intended for adults. It is not designed or intended for children under 18.
Community personnel accessing administrative features represent that they are authorized by their organization to access the service and any information made available through it.
3. Nature of the Service
LyvvOut Connect provides conversational companionship and resident engagement through artificial intelligence and voice technology.
Depending on the services selected by a participating community, LyvvOut Connect may provide:
- Inbound resident-initiated companion calls;
- Scheduled outbound companion calls;
- Personalized conversations based on resident preferences and previously shared information;
- Conversational memory designed to provide continuity between calls;
- Conversation summaries and engagement information;
- Resident-reported safety or well-being concern detection;
- Notifications or alerts to authorized community personnel;
- Optional post-call surveys;
- Administrative tools, dashboards, reports, and related features.
Features may change as the platform develops.
4. Artificial Intelligence Disclosure
LyvvOut Connect uses artificial intelligence.
Residents are communicating with an AI companion and not a human being when participating in an AI companion call.
The AI may generate responses dynamically based on the conversation, resident preferences, previous interactions, and other information available to the service.
Artificial intelligence can make mistakes, misunderstand statements, generate inaccurate information, or fail to recognize the significance of information provided during a conversation.
Residents and communities should not rely on LyvvOut Connect as the sole source for information affecting a person's health, safety, medication, finances, legal rights, or other important decisions.
5. Call Recording and Transcription
LyvvOut Connect calls may be recorded, transcribed, processed, and analyzed for purposes including providing the service, maintaining conversational continuity, generating authorized summaries or insights, identifying resident-reported safety concerns, improving service quality, troubleshooting, security, and complying with applicable law.
Residents will receive an appropriate disclosure regarding recording and/or transcription when required.
Participating communities are responsible for ensuring that enrollment and use of LyvvOut Connect comply with applicable consent requirements and for providing any notices or obtaining any authorizations that are the community's responsibility.
If a resident does not wish to participate in a recorded or transcribed conversation, the resident should not continue the call.
6. Inbound Calls
Participating communities may receive a dedicated LyvvOut Connect telephone number through which enrolled or authorized residents can initiate calls.
Residents may use the number for ordinary companion conversations subject to service availability and any limitations established by their community.
The LyvvOut Connect number is not an emergency telephone number and should never be used as a substitute for 911, emergency medical services, facility emergency procedures, or direct communication with staff when immediate assistance is required.
7. Scheduled Outbound Calls
Participating communities may arrange recurring or scheduled outbound calls for participating residents.
Outbound calls using artificial or AI-generated voices are subject to applicable telecommunications laws and consent requirements.
Communities must provide LyvvOut Connect only with telephone numbers they are legally authorized to enroll or designate for the service and must cooperate with QSWP Consulting LLC in maintaining appropriate records of authorization or consent.
A resident may request that scheduled calls be discontinued in accordance with available service procedures or by notifying participating community personnel.
LyvvOut Connect may suspend outbound calling when consent is withdrawn, when continued calling could violate applicable law, or when required for security, safety, or operational reasons.
8. Safety and Resident-Reported Concerns
LyvvOut Connect may analyze conversations for certain statements or information reported by a resident that could indicate a potential safety or well-being concern, such as a reported fall, confusion, medication concern, distress, or other potentially urgent circumstance.
When configured to do so, LyvvOut Connect may send an alert or notification to designated community personnel.
These features provide supplemental awareness only.
LyvvOut Connect does not independently verify whether a resident's statement is true, whether an emergency actually exists, or whether a detected concern has been resolved.
The service may fail to detect a concern, may misunderstand a statement, may generate a false alert, or may experience delays or technical interruptions.
9. Not an Emergency Monitoring Service
LyvvOut Connect is not an emergency response system, medical alert system, nurse-call system, fall-detection device, emergency monitoring service, or substitute for 911.
LyvvOut Connect does not guarantee continuous monitoring or immediate detection of emergencies.
If a resident is experiencing or believes they may be experiencing an emergency, the resident should contact 911, community staff, emergency medical services, or another appropriate emergency resource immediately.
Participating communities remain responsible for their own resident supervision, emergency procedures, staffing, response protocols, and standards of care.
10. Not Medical or Mental Health Care
LyvvOut Connect provides companionship and resident engagement.
It does not provide medical care, nursing services, psychotherapy, counseling, diagnosis, treatment, medication management, medical advice, legal advice, or other licensed professional services.
The AI companion is not a physician, nurse, therapist, psychologist, social worker, pharmacist, emergency responder, or other licensed healthcare professional.
Nothing communicated through LyvvOut Connect should be interpreted as a diagnosis or professional recommendation.
11. Community Responsibilities
Participating communities are responsible for:
- Determining which residents are appropriate for participation;
- Obtaining required resident, representative, guardian, or other legally necessary permissions;
- Providing accurate resident enrollment information;
- Maintaining accurate contact and escalation information;
- Identifying personnel authorized to receive resident information and alerts;
- Responding appropriately to alerts and resident-reported concerns;
- Maintaining their own emergency and resident-care procedures;
- Protecting administrator credentials and account access;
- Promptly notifying QSWP of unauthorized access or suspected security incidents;
- Complying with applicable laws and regulations governing their operations and residents.
LyvvOut Connect does not assume the legal or professional responsibilities of the participating community.
12. Resident Information and Personalization
Participating communities and residents may provide information used to personalize conversations, including names, preferred names, language preferences, interests, hobbies, family information, important events, conversation preferences, and other details.
Residents may also voluntarily disclose information during conversations.
LyvvOut Connect may use appropriate information from previous interactions to make later conversations more familiar and continuous.
The collection and use of personal information is further described in the LyvvOut Connect Privacy Policy.
14. Third-Party Technology Providers
LyvvOut Connect relies on third-party technology and infrastructure providers to operate portions of the service, including telecommunications, artificial intelligence, voice generation, hosting, databases, communications, analytics, and related infrastructure.
Use of these providers does not change QSWP Consulting LLC's obligation to handle information consistent with its stated privacy practices and applicable contractual and legal requirements.
Service interruptions or limitations caused by third-party systems may occasionally affect availability.
15. Service Availability
We work to maintain reliable service but do not guarantee uninterrupted or error-free operation.
LyvvOut Connect may occasionally be unavailable because of maintenance, telecommunications failures, internet outages, third-party service interruptions, system updates, security events, circumstances beyond our reasonable control, or other technical issues.
16. Acceptable Use
Users may not use LyvvOut Connect to:
- Violate any law or regulation;
- Harass, threaten, exploit, or abuse another person;
- Attempt to gain unauthorized access to systems or data;
- Interfere with the operation or security of the platform;
- Reverse engineer or improperly extract proprietary technology;
- Use automated methods to scrape or collect platform data without authorization;
- Impersonate another individual for fraudulent purposes;
- Provide information the user is not legally authorized to disclose.
We may restrict or suspend access where reasonably necessary to protect residents, communities, QSWP, or the integrity of the service.
17. Intellectual Property
LyvvOut Connect, including its software, platform design, workflows, branding, trademarks, logos, written materials, conversational architecture, dashboards, documentation, and other proprietary materials, is owned by QSWP Consulting LLC or its licensors and is protected by applicable intellectual property laws.
No ownership rights are transferred through use of the service.
18. Privacy
Use of LyvvOut Connect is subject to the LyvvOut Connect Privacy Policy, which describes how information associated with this service is collected, used, disclosed, retained, and protected.
The LyvvOut Connect Privacy Policy is separate from policies applicable to the consumer-facing LyvvOut service.
19. No Guarantee of Outcomes
LyvvOut Connect is designed to create additional opportunities for conversation, engagement, connection, and awareness.
We do not guarantee that use of LyvvOut Connect will prevent loneliness, social isolation, falls, medical events, mental-health concerns, emergencies, hospitalization, adverse outcomes, or any other condition or event.
We also do not guarantee any particular level of resident participation, engagement, satisfaction, or community performance.
20. Disclaimer of Warranties
To the fullest extent permitted by applicable law, LyvvOut Connect is provided on an “as is” and “as available” basis.
QSWP Consulting LLC disclaims warranties not expressly stated in a written agreement, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
21. Limitation of Liability
To the fullest extent permitted by applicable law, QSWP Consulting LLC and its officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising from or related to use of or inability to use LyvvOut Connect.
Any limitations contained in a separate written agreement between QSWP Consulting LLC and a participating organization will apply according to that agreement.
Nothing in these Terms limits liability where limitation is prohibited by law.
22. Indemnification
To the extent permitted by law and subject to any separate written agreement, organizations using LyvvOut Connect agree to indemnify and hold harmless QSWP Consulting LLC and its officers, employees, contractors, and affiliates from third-party claims arising from the organization's unlawful use of the service, failure to obtain legally required permissions or authorizations, unauthorized disclosure of information, or violation of these Terms.
23. Suspension and Termination
QSWP Consulting LLC may suspend or terminate access when reasonably necessary because of:
- Material violation of these Terms;
- Nonpayment under an applicable agreement;
- Fraudulent or unlawful activity;
- Security risks;
- Misuse of resident information;
- Withdrawal of required authorization;
- Legal or regulatory requirements; or
- Termination of the applicable community agreement.
Rights concerning data following termination will be governed by the Privacy Policy, applicable law, and any applicable written agreement.
24. Changes to the Service or Terms
LyvvOut Connect will continue to evolve.
We may modify these Terms when reasonably necessary to reflect changes in the service, technology, legal requirements, security practices, or business operations.
The updated version will display a revised “Last Updated” date.
When required by law, additional notice or consent will be provided.
25. Governing Law
Unless otherwise stated in a written agreement, these Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Any dispute not governed by another written agreement will be handled in an appropriate court located in Harris County, Texas, unless applicable law requires otherwise.
26. Contact
LyvvOut ConnectA service of QSWP Consulting LLC
Texas, United States
Questions regarding these Terms may be submitted through the contact page at: