Terms of Service

You provide, one time: the telephone number of your check-in line, the keypad codes to enter and the pauses between them, the time of day to call, and the mobile number to text. Each day at that time TestCheck dials that line, sends those tones, records the instruction message the line plays, transcribes it, and sends you that transcription by SMS.

We forward the message as recorded. We do not interpret it, summarize it, or advise you on it. We will never tell you whether you must report, test, or take any other action. You read the message and you decide.

We take this seriously and we have built accordingly. The automation is covered by an automated test suite, and in normal operation, once your check-in is configured it runs every day without further action from you. Specifically:

• Each daily call is attempted up to four times before we give up on it.
• Two independent schedulers drive the daily call, so that a failure of the primary scheduler does not by itself cause a missed day.
• When we cannot obtain a clear result, we tell you: an email describing what went wrong with a link to the full recording, and a text message instructing you to call your check-in line yourself immediately.

These measures reduce risk. They do not eliminate it, and nothing in this section is a warranty, a service-level commitment, or a promise of any particular result. The next three sections govern.

We do not represent, warrant, or guarantee that:

• any call will connect, complete, or be placed at any particular time;
• your codes will be accepted by the line you are calling;
• any message will be captured, recorded, or transcribed completely or accurately;
• any text or email will be delivered at all, or delivered on time;
• the content we forward to you is correct, current, or complete — we transmit what the line played, and we have no control over, and no means of verifying, what that is;
• use of TestCheck satisfies any obligation imposed on you by any court, agency, probation department, or supervising officer.

Automated telephone and messaging systems fail for reasons entirely outside our control — among them busy or changed lines, altered phone-tree prompts, network and carrier outages, message filtering, delayed or blocked delivery, speech that cannot be transcribed accurately, a disconnected or unreachable handset, and acts of third parties. You accept that such failures can and will occur.

By creating an account, by ticking the acknowledgement box during setup, and by using TestCheck, you expressly acknowledge and agree that:

• you have read and understood these Terms, including the disclaimers and the limitation of liability below;
• Elipsion is not responsible for any missed, late, failed, incomplete, or inaccurate call, recording, transcription, text message, or email, however caused;
• Elipsion is not responsible for any missed check-in, missed drug test, missed appointment, violation, revocation, sanction, fine, arrest, or incarceration, or for any other consequence arising from your supervision, whether or not TestCheck functioned as intended;
• you remain solely responsible for knowing and meeting your own obligations, and for independently confirming your check-in whenever you have not received your message;
• you assume all risk associated with relying on an automated service for a matter with serious personal consequences.

We keep a record of the acknowledgement you gave at setup, including its exact wording and the date and time.

• Provide accurate information. A wrong number, a wrong code, or a wrong wait time produces a wrong result, and we have no way to detect that for you.
• Keep your configuration current. If your check-in line, its prompts, your ID, or your PIN change, you must update your setup.
• Enter only a results number you own or control and are authorized to receive automated messages at.
• Use TestCheck only for your own check-in line, and only where an automated call to that line is permitted. If your court, agency, or supervising officer requires that you call personally, you must not use this service for that purpose. Determining that is your responsibility, not ours.
• Keep your account credentials confidential; you are responsible for activity under your account.
• Verify that your daily message actually arrives, and act on your own if it does not.

You must be at least 18 and able to form a binding contract. You may not use TestCheck on another person's behalf without their authorization, nor in any way that violates law or any order applicable to you.

To perform the service you instruct and authorize us, as your agent, to place the call and record the message played to you. You represent that you are permitted to record that message. Recordings and transcripts are handled as described in our Privacy Policy.

The daily message requires your express consent, given at setup and withdrawable at any time by replying STOP. Full program terms are on our SMS terms page. Stopping texts does not cancel your subscription and does not stop your daily call.

• TestCheck is $10.00 per month, charged to your card when you subscribe and monthly thereafter.
• It renews automatically until cancelled.
• Payments are processed by Square; we do not receive or store your full card number.
• Your daily calls run only while your subscription is active.
• We will give notice by email before any price change; you may cancel rather than accept it.

You may cancel at any time from your subscription page. Your service continues through the end of the period already paid for and then stops.

Amounts paid are non-refundable, including any partial month remaining after you cancel. We may, at our sole discretion, refund a genuine billing error such as a duplicate charge. See our Refund Policy.

We may suspend or terminate an account at any time for non-payment, abuse, or use that violates these Terms or applicable law.

TESTCHECK IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIPSION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

No advice or information, oral or written, obtained from us creates any warranty not expressly stated here.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ELIPSION GROUP HOLDINGS LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF LIBERTY, LOSS OF EMPLOYMENT, LOSS OF INCOME, EMOTIONAL DISTRESS, OR REPUTATIONAL HARM, ARISING OUT OF OR RELATING TO THE SERVICE — INCLUDING ANY MISSED, LATE, FAILED, OR INACCURATE CALL OR MESSAGE, AND ANY RESULTING MISSED CHECK-IN, MISSED TEST, VIOLATION, SANCTION, ARREST, OR INCARCERATION — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE THREE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) THIRTY U.S. DOLLARS ($30).

Some jurisdictions do not allow certain limitations; where that is so, the limitation applies to the fullest extent permitted and the remainder stays in force.

You agree to indemnify, defend, and hold harmless Elipsion Group Holdings LLC and its owners, officers, employees, and contractors from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your use of the service, your breach of these Terms, your violation of any law or court order, any inaccurate information you provided, or your entry of a results number you were not authorized to send messages to.

Elipsion is not a law firm, is not your attorney, and provides no legal advice. TestCheck does not represent you before, report to, or communicate on your behalf with any court, agency, probation department, or officer. For advice about your case, consult a licensed attorney.

Any dispute arising out of or relating to these Terms or the service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Indiana, rather than in court — except that either party may bring an individual claim in small-claims court.

You and Elipsion each waive any right to a jury trial and any right to bring or participate in a class, collective, or representative action. If this waiver is held unenforceable, this Section 15 is void in its entirety and the dispute proceeds in the courts identified in Section 16.

These Terms are governed by the laws of the State of Indiana without regard to its conflict-of-laws rules. Subject to Section 15, the state and federal courts located in Indiana have exclusive jurisdiction, and you consent to that venue.

We may update these Terms. If a change materially affects your rights we will notify account holders by email before it takes effect. Continuing to use the service after the effective date constitutes acceptance.

If any provision is held unenforceable, it is modified to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger or sale. These Terms, together with the Privacy Policy, SMS Terms, and Refund Policy, are the entire agreement between us and supersede any prior understanding. There are no third-party beneficiaries. Neither party is liable for failures caused by events beyond its reasonable control.

Elipsion Group Holdings LLC — support@taskesc.com or our contact page.