Promptly Mom

End User License Agreement

Version 5.0 | Effective Date: October 5, 2026 | Amended October 18, 2026 (Section 7) and October 22, 2026 (Section 5.1) | Supersedes Version 4.1 (September 1, 2026)

This End User License Agreement ("EULA," "Agreement" or "Terms of Use") is a legally binding contract between you ("User," "you," or "your") and Promptly Mom, LLC ("Promptly Mom," "we," "us," or "our"). By creating an account, tapping "I Agree," or by downloading, installing, accessing, or using the App or Site in any way, you agree to be bound by this EULA and all documents incorporated herein by reference.

If you do not agree, do not download, install, or use the App or Site.

SECTION 13 CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. SECTION 10 DISCLAIMS WARRANTIES AND SECTION 11 LIMITS OUR LIABILITY, INCLUDING FOR ACTIONS THE ASSISTANT TAKES IN YOUR HOME.

This EULA is one part of a set of legally binding documents that together govern your relationship with Promptly Mom. By agreeing to this EULA, you also agree to each of the following, which are incorporated into this Agreement by reference as if fully set forth herein:

Privacy Policy (promptlymom.com/privacy) — governs how we collect, use, store and share your personal information, including sensitive data such as ethnicity, health and pregnancy information, approximate location, voice audio and family details, and describes your rights under the GDPR, the CCPA as amended, PIPEDA and other applicable privacy laws.

Terms of Service (promptlymom.com/terms) — governs your use of the Promptly Mom website, including the account features you use there.

Cookie Policy (promptlymom.com/cookie-policy) — discloses cookies, mobile device identifiers, SDK trackers and similar technologies used on the Site and in the App, and explains how to manage your preferences.

Community Code of Conduct (promptlymom.com/code-of-conduct) — sets the behavioural standards for all members of the Promptly Mom community, including Mom Circles and all social features, and describes the enforcement process and your right to appeal.

Order of precedence. In the event of a conflict: (1) this EULA governs your use of the App; (2) the Terms of Service govern your use of the Site; (3) as between the two, this EULA controls any question concerning the App, and the Terms of Service control any question concerning the Site; (4) the Privacy Policy controls on any question of how personal information is collected, used or shared; then (5) the Community Code of Conduct; then (6) the Cookie Policy. Promptly Mom may update any of these documents subject to the notice requirements in each and in Section 17.

Section 2 — Definitions

Section 3 — License Grant

3.1 Grant of License. Subject to your compliance with this Agreement and all incorporated documents, Promptly Mom grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) download, install and use one copy of the App on a mobile device that you own or control, solely for your personal, non-commercial use; and (b) access and use the Site and Services for your personal, non-commercial use. This license does not include any right to resell or commercially exploit the Services or Content; collect or use product listings, descriptions or prices for the benefit of another merchant; copy or adapt the App's code; or use data mining, robots, scraping or similar data gathering tools. The license does not extend to derivative works and you are not entitled to use Promptly Mom work to produce your own products or to use the name or likeness of any Promptly Mom individuals or our content for any commercial purpose.

3.2 App Store Terms. Your use of the App downloaded from the Apple App Store is also subject to Apple's Media Services Terms and Conditions. Your use of the App downloaded from the Google Play Store is also subject to Google's Terms of Service for Google Play. In the event of a conflict between this EULA and the applicable App Store terms, the App Store terms control solely with respect to usage rules; this EULA governs all other matters.

Apple-specific provisions. This Agreement is between you and Promptly Mom only, and not with Apple. Apple is not a party to this Agreement and is not responsible for the App or its content. Promptly Mom, not Apple, is solely responsible for the App and its content. Apple has no obligation to furnish any maintenance or support services for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever. Product claims, intellectual property claims, legal compliance, and contact questions should be directed to Promptly Mom, LLC at admin@promptlymom.com. Apple and its subsidiaries are third-party beneficiaries of this Agreement with respect to your use of the App on Apple devices.

Google-specific provisions. Your use of the App on Android devices is subject to the Android Software Development Kit License Agreement and the Google Play Developer Distribution Agreement. Google is not a party to this EULA and has no obligation or liability to you under it.

3.3 Restrictions. You may not, and you agree not to, and you agree not to enable others to: (a) resell, transfer, repackage, bundle or redistribute any Digital Product, Skill Pack or Studio you purchase, or the capabilities or outputs any of them unlocks; (b) copy, modify, translate, adapt or create derivative works of the App or any Licensed Materials; (c) reverse engineer, disassemble, decompile, decode, decrypt or otherwise attempt to derive the source code of the App; (d) remove, disable, circumvent or otherwise interfere with any security features or digital rights management mechanisms; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish or transfer the App or your rights under this Agreement to any third party; (f) use the Services for any commercial purpose, including reselling AI-generated outputs or prompts generated for your personal use; (g) use automated scripts, bots, scrapers or similar tools to access, collect or interact with the Services, other than the Assistant and other features the App itself provides, used at your instruction; or (h) use the Services in any manner that could damage, overburden, impair or compromise Promptly Mom's systems or security.

3.4 The Assistant Acts on Your Instruction. The App includes an AI Assistant (Promptly). When you ask it to do something — e.g. change a setting, add a calendar event, start a timer, add an item to a shopping list, run a scene in your home, run a prompt, send a message you dictate into one of your Chat conversations, or post or reply in a Mom Circle you have joined — it is acting on your instruction and as a convenience to you. As such, you remain responsible for the result. The Assistant asks you to confirm before making a change or running a prompt for you, and it will tell you when it cannot do something rather than reporting that it did. Nothing in this Agreement makes Promptly Mom your agent, gives the Assistant authority to bind you to anything, or makes Promptly Mom responsible for the consequences of an action you instructed. You should not instruct the Assistant to do anything you would not be willing to do yourself.

3.5 Voice Sessions and Household Audio. When you start a Voice Session, audio from your microphone is streamed continuously to a third-party AI provider for the duration of the session so that the Assistant can hear and answer you. This is not push-to-talk. The Privacy Policy describes exactly what is transmitted, what is not retained, and the controls available to you. You are responsible for the environment in which you start a Voice Session. By starting one, you confirm that you are the account holder, that you are aware the microphone is open, and that you have considered who else is present and may be heard. If you do not want another person's voice captured, do not start a session, or end it.

Section 4 — User Accounts and Registration

4.1 Account Creation. To access most features of the Services, you must create an account. You agree to provide accurate, current and complete information during registration and to keep it accurate. Accounts must be registered by an individual and not on behalf of a bot, automated system or undisclosed third party.

4.1a Where the Services Are Offered. The Services are currently offered in the United States only. The App is distributed on the United States storefronts of the Apple App Store and Google Play, and, if we offer purchases through our website, they are available to United States billing addresses only. We do not target or market the Services to users outside the United States. If you access the Services from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

4.2 Age Requirement. You must be at least 18 years of age to create an account and use the Services. By creating an account, you represent and warrant that you are 18 or older. If we discover or have reason to believe that an account has been created by a person under 18, we may terminate that account immediately and without notice. For our practices regarding information about children provided by parent users, and regarding voices captured incidentally during a Voice Session, see the Privacy Policy.

4.3 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use at admin@promptlymom.com. Promptly Mom is not liable for loss or damage arising from your failure to maintain the security of your credentials.

4.4 One Account Per Person. Each person may maintain only one active account. Creating multiple accounts for the same individual — including to evade a prior enforcement action — is a violation of this Agreement and grounds for permanent ban of all associated accounts.

4.5 Account Termination by User. You may close your account at any time in the App (Account → Delete Account), on the Delete Account page of our website, or by contacting admin@promptlymom.com. Upon account deletion, your Personal Data will be handled in accordance with the Privacy Policy. Certain information is retained as described in Section 8 of the Privacy Policy, including your Mom Circle posts and any prompts you published, which stay with your name replaced by "Former member"; photos you uploaded are deleted.

Section 5 — Data Collection, Use, and Your Authorization

Your use of the Services involves the collection and processing of your personal information. This section summarizes the key data-related terms of your agreement with Promptly Mom. Complete details are in the Privacy Policy, which is incorporated herein. Where this section and the Privacy Policy differ, the Privacy Policy controls.

5.1 Your Authorization to Process Personal Data. By agreeing to this EULA, you authorize Promptly Mom to collect and process the categories of personal data identified in the Privacy Policy, including: (a) account and identity information; (b) profile information, including family structure, number and ages of children, pregnancy status and lifestyle preferences; (c) location data; (d) food and dietary preferences; (e) household data, including pantry inventory, shopping lists and meal plans; (f) community and social interaction data; (g) usage data, technical data and AI interaction data; and (h) sensitive data categories — including ethnicity, and health and wellness information such as postpartum stage, cycle and symptom logs and fitness data — subject to the separate consent choices described in the Privacy Policy, which you may decline or change at any time. Authorization given in this Agreement does not replace the separate, specific consents described in the Privacy Policy.

5.2 Purposes of Processing. Promptly Mom processes your data to: provide, operate and improve the Services, including AI-powered personalization; generate personalized prompts, content recommendations and Digital Products; operate the Assistant, including actions you ask it to take; operate Mom Circle and other community features; offer and deliver Digital Products, Skill Packs, Subscriptions and Promotional Access; communicate with you about the Services; ensure the security and integrity of the Services and prevent fraud and abuse; and comply with applicable legal obligations.

5.3 AI-Powered Personalization. A core function of the Services is the use of artificial intelligence to analyze your profile data and generate personalized content. You acknowledge and agree that: your profile information, preferences and usage behaviour will be used as inputs to AI models to generate outputs tailored to you; AI-generated outputs are provided for informational, organizational and creative assistance purposes only and are not a substitute for professional medical, nutritional, legal, financial or parenting advice; Promptly Mom does not guarantee the accuracy, completeness or fitness for any particular purpose of any AI-generated output; and you retain sole responsibility for any decision made based on AI-generated outputs.

5.4 Voice, Audio and Images. By starting a Voice Session you authorize Promptly Mom to stream audio from your microphone to a third-party AI provider for the duration of that session, and to receive the resulting transcript on your device. By recording a voice note in Chat, you authorize its transmission to Google (Gemini), the AI provider that answers voice notes in Chat. By submitting a photograph to a feature that analyses images, you authorize its transmission to an AI provider for that purpose. You represent that you have the right to submit any photograph you provide, including any photograph depicting another person. If you turn on the choice to keep your conversations with Promptly on your phone, you also authorize the App to store the text of your recent conversations on your device for up to 30 days.

5.5 Device and Saved Data Read by the AI Assistant. Where you enable the corresponding switch and grant the operating system permission, you authorize the Assistant to read calendar event titles and times, and to match a name you say against your contacts. From your phone's contacts, the Assistant is given matching contact names only; it is never given a telephone number or email address from your phone's contacts. You acknowledge that a calendar event's title, location or notes, and saved number or email address, may itself be sensitive and will be transmitted to an AI provider when you ask a question that requires it.

5.6 Cookie and Tracking Technologies. Your use of the Services is subject to our use of cookies, mobile device identifiers, SDK trackers and related technologies as described in the Cookie Policy. You may manage your preferences as described there.

5.7 User Content and Community Data. By submitting User Content through the Services, including posts, comments and messages in Mom Circles, you grant Promptly Mom a non-exclusive, worldwide, royalty-free, sublicensable, perpetual license to use, store, display, reproduce and distribute that User Content solely in connection with operating and improving the Services. You represent and warrant that you own or have all necessary rights to the User Content you submit and that it does not infringe the rights of any third party. If you delete your account, your community posts remain with your name replaced by "Former member," as described in Section 4.5 and the Privacy Policy.

Section 6 — Community Standards and Code of Conduct

Your participation in Mom Circles and all community features is governed by the Promptly Mom Community Code of Conduct, available at promptlymom.com/code-of-conduct and incorporated into this Agreement by reference. The Code sets the behavioural standards for all members, including rules on respectful conduct and the prohibition of harassment, hate speech, misinformation and prohibited content. Violations of the Code constitute a breach of this Agreement.

By using community features, you agree to: comply with all rules in the Community Code of Conduct; comply with any additional rules posted for a specific Mom Circle by its moderators; acknowledge that Promptly Mom has the right, but not the obligation, to monitor, review, edit, remove or refuse any User Content at any time in its sole discretion; acknowledge that enforcement decisions, including removal from Mom Circles and account suspension or termination, are governed by the Code; and use the in-App tools to report a post or reply or to block a member, or contact admin@promptlymom.com, to report violations.

Section 7 — Subscriptions, Purchases, and Billing

7.1 Free and Paid Tiers. Promptly Mom may offer the Services on a free basis, a subscription basis, a one-time purchase basis, or a combination of the aforementioned. Free tier features are subject to limitations described in the App or Site. From time to time we may also give you Premium free of charge for a limited time, as described in Section 7.8.

7.2 Subscription Terms. You authorize the app store you subscribe through (Apple or Google) or, if we offer purchases through our website, our designated payment processor, to charge your payment method on a recurring basis at the applicable rate. Your Subscription renews automatically at the end of each billing period unless you cancel before the renewal date. Prices are stated exclusive of taxes; applicable taxes are added at purchase based on your billing location. Price changes will be communicated at least 30 days in advance. Continued use after a price change takes effect constitutes acceptance of the new price.

7.3 Digital Product Purchases. Digital Products purchased through the Services are licensed, not sold. Upon purchase you receive a limited, non-exclusive, non-transferable license to use the Digital Product for personal, non-commercial purposes. You may not resell, redistribute or sublicense any Digital Product.

7.4 Skill Packs — One-Time Purchases. Some Assistant capabilities are sold as Skill Packs: a one-time purchase, not a subscription, that unlocks a defined set of Assistant capabilities on your account. Like other Digital Products, Skill Packs are licensed and not sold, and the licence is personal to your account. A Skill Pack you purchase is yours to keep. It remains available on your account for as long as you maintain an account and we continue to offer the Skill Pack commercially. You can restore it on any device you sign in to, and reinstalling the App does not cost you anything you have already bought. We may improve how a capability works over time. Skill Pack capabilities run on AI services that cost us money each time they are used. We may apply reasonable rate limits to protect the service against abnormal or automated use. If a capability has to change due to a third-party provider retiring or changing the underlying service, or where the law requires it, we will give you at least 30 days' notice in the App and provide a comparable replacement capability. If we cannot provide a comparable replacement, we will refund the price you paid for that Skill Pack.

7.5 If You Connect Your Own AI Key. You may connect Your AI Key from a third-party AI/SI provider. If you do: requests made with Your AI Key go directly from your device to that provider, authenticated with your credential — no Promptly Mom server relays those requests; you are responsible for all charges that provider bills to your account; that provider's agreement with you governs how it handles what you send, including whether it may use that content to train its models; the App keeps Your AI Key on your device, in the operating system's secure storage; and we do not warrant the availability, output, cost or behaviour of any provider you connect, and we may disable the feature at any time.

If Your AI Key stops working. If your provider refuses a request because of Your AI Key itself (for example, the key is no longer valid, or it has run out of quota or credit), the App can send that same request once through our servers to the AI your membership includes, so you can keep going. That request is not made with Your AI Key: it counts against the included AI allowance described in Section 7.10, it is governed by our Privacy Policy rather than your provider's agreement, and it may be answered by a different AI provider than the one you connected. The App tells you when it switches, except while the Assistant is carrying out a task for you during a voice conversation, where it switches without interrupting you. It then uses the included AI instead of that key for the rest of that conversation or studio session, and tries Your AI Key again in the next one. If the included AI is not available to you, for example because your membership does not include it or your allowance is used up, the request is declined and the App tells you why. A request refused for any other reason, such as an outage at your provider, is not sent again.

7.6 Cancellation. You may cancel a Subscription at any time. Cancellation takes effect at the end of the current billing period, and you retain access to paid features through the end of the period paid for. To cancel: on iOS, through your Apple ID account settings, subject to Apple's cancellation and refund policies; on Android, through the Google Play Store, subject to Google's policies; and, if we offer purchases through our website and you subscribed there, through your account settings on the website or by contacting admin@promptlymom.com.

7.7 Refunds. Except as required by applicable law or the applicable App Store's refund policy, all purchases are final and non-refundable, including subscription fees for a billing period that has begun, Digital Products once downloaded or accessed, and subscription fees for the remainder of a billing period following termination for violation of this Agreement or the Code of Conduct. If you believe a charge was made in error, contact admin@promptlymom.com within 30 days of the charge. We will review and respond within 10 business days. Nothing in this section limits any statutory right of withdrawal or cancellation you may have as a consumer.

7.8 Promotional Access. From time to time we may give you Premium free of charge for a limited time. For example, we may offer a welcome trial when you create an account, or choose an eligible member at random to receive a day of Premium ("Queen for a Day"). Promotional Access gives you the same Premium features as a Subscription for the period we tell you about. It is not a Subscription. You do not need a payment method, nothing is charged, and it does not renew or turn into a Subscription. It ends on its own. Promotional Access has no cash value and cannot be transferred, sold or exchanged.

7.9 Studios Offered on Their Own. We may offer a Studio as a separate purchase, apart from a Subscription. A Studio you buy on its own as a one-time purchase is licensed to you on the same terms as a Skill Pack under Section 7.4. A Studio you buy as its own recurring plan is a Subscription, and Sections 7.2 and 7.6 apply to it. A Studio you bought stays available to you whether or not you also have Premium; a Studio included with Premium is available while you have Premium, including Promotional Access. Some Studio features depend on services you choose to connect, such as your Google account or Apple Health; Section 14 applies to those services.

7.10 Included AI and Storage. Premium includes a monthly allowance of AI use. It covers the AI features that run on our services: voice conversations with the Assistant, chat, the AI in Studios, pictures, voiceovers, deep research and creating prompts. The App shows the allowance as voice minutes and counts, never as money. It refills on the 1st of each month (UTC), and what you don't use doesn't carry over. If you use it all before then, those features pause until it refills. Everything in the App that doesn't use AI keeps working, features that can use Your AI Key (Section 7.5) keep working with it, and requests made with Your AI Key never count against the allowance. A welcome trial or Queen for a Day (Section 7.8) comes with a smaller allowance for the whole period, which does not refill. Without Premium, you can create a limited number of prompts each month. We may also apply reasonable daily limits to protect the service against abnormal or automated use. Your account also has a storage limit for the photos and videos you upload, which is larger with Premium; an upload that would take you over it is not saved.

Section 8 — Intellectual Property

8.1 Promptly Mom's Ownership. The App, Site and all Licensed Materials — including the Promptly Mom brand, logo, design, software, AI models and outputs, prompt libraries and community infrastructure — are the exclusive intellectual property of Promptly Mom, LLC, protected by U.S. and international copyright, trademark, patent and other intellectual property laws. Nothing in this Agreement transfers any intellectual property right to you. The license granted in Section 3 is the full extent of your rights with respect to the App and Licensed Materials.

8.2 AI-Generated Outputs. Content generated by our AI systems in response to your inputs ("AI Outputs") is provided to you under the limited license in Section 3.1 for your personal use. You may use AI Outputs for personal purposes, including printing or sharing for personal use. You may not use AI Outputs for commercial purposes without our prior written consent; represent AI Outputs as your own original creative work in commercial contexts; or use AI Outputs to train, fine-tune or improve any competing AI model or system.

8.3 Your User Content. You retain ownership of User Content you create and submit. The license you grant in Section 5.7 does not transfer ownership. You may delete your User Content at any time, subject to technical limitations and any legal retention obligations described in the Privacy Policy.

8.4 Feedback. If you provide feedback, suggestions or ideas about the Services, you grant Promptly Mom a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify and incorporate that feedback into the Services without obligation to compensate you.

8.5 DMCA / Copyright Infringement. If you believe Content on the Services infringes your copyright, send a notice to admin@promptlymom.com with the subject line "DMCA Notice," including a description of the copyrighted work; the location of the allegedly infringing material; your contact information; a statement of good faith belief; and a statement made under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.

Section 9 — Prohibited Uses

In addition to the restrictions in Section 3.3 and the Community Code of Conduct, you agree not to use the Services to: violate any applicable federal, state, local or international law or regulation; impersonate any person or entity, or misrepresent your affiliation with any person or entity; transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; transmit advertising or promotional material without our prior written consent; transmit any material containing viruses, malware or code designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems or networks connected to the Services; engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Services; circumvent or disable any digital rights management technology or security feature; or use the Services in any way that could harm Promptly Mom's reputation or bring us into disrepute.

9.1 Use of the Assistant. The Assistant is provided for your use as the account holder. In addition to the above, you agree not to: permit a child to use the Assistant unsupervised; start a Voice Session for the purpose of recording, monitoring or eavesdropping on another person, or in any circumstance where doing so would require that person's consent under applicable law and you do not have it; use the Assistant to take an action you are not authorized to take, including in a home or on an account that is not yours; or attempt to cause the Assistant to control a device type it excludes. If a speaker tells the Assistant that they are a child, the Assistant is designed to stop and ask for a parent.

Section 10 — Disclaimers and Limitation of Warranties

10.1 Warranty Disclaimer.

THE SERVICES, APP, SITE, THE ASSISTANT, AND ALL CONTENT AND LICENSED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. PROMPTLY MOM DOES NOT WARRANT THAT ANY AI-GENERATED CONTENT IS ACCURATE, COMPLETE, RELIABLE OR SUITABLE FOR YOUR PARTICULAR PURPOSE, OR THAT THE ASSISTANT WILL CORRECTLY UNDERSTAND OR CARRY OUT ANY INSTRUCTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROMPTLY MOM DISCLAIMS ALL WARRANTIES.

10.2 Not Professional Advice. The Services are not intended to provide professional medical, nutritional, mental health, legal, financial or parenting advice. AI-generated content is for informational and organizational purposes only. Health Studio, FitFlow and related features are wellness and organization tools, not medical devices, and are not intended to diagnose, treat, cure or prevent any disease or condition. Consult a qualified professional for advice specific to your circumstances.

10.3 The Assistant Is Not a Safety System. Do not rely on the Assistant for anything where being wrong would matter. It is not a medical device, not an alarm or monitoring system, and not a way to summon emergency help. A timer, alarm or reminder is delivered as a notification and may not sound if your phone is off, silent, out of battery, or has notifications disabled. The App will tell you when it cannot set one rather than pretending it did, but you should not depend on it for anything critical. In an emergency, contact your local emergency services directly.

10.4 Smart Home Features. If you connect a smart home, the Assistant can turn lights, plugs, fans and switches on or off, set your thermostat, and start scenes you created yourself. Your devices are controlled through your smart-home provider and by their manufacturers. Promptly Mom does not manufacture, install, maintain or monitor your devices, has no visibility into their physical state, and does not warrant that any command will be received or carried out. Do not use the Smart Home Features for any purpose where a failure, delay or unintended activation could cause injury, property damage or loss — including heating, cooling or ventilation on which a person's health depends, medical equipment, cooking appliances, water, security, or the care of a child, a dependent adult, an animal or a plant that requires controlled conditions.

Section 11 — Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROMPTLY MOM, ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES, EVEN IF PROMPTLY MOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION APPLIES TO ALL CLAIMS OF EVERY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, AND EXPRESSLY INCLUDES CLAIMS FOR PROPERTY DAMAGE, LOSS OF USE, AND ANY LOSS ARISING FROM THE OPERATION, NON-OPERATION, DELAYED OPERATION OR UNINTENDED OPERATION OF ANY SMART-HOME DEVICE, SCENE, TIMER, ALARM, REMINDER OR OTHER ACTION TAKEN OR NOT TAKEN BY THE ASSISTANT.

IN NO EVENT WILL PROMPTLY MOM'S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID PROMPTLY MOM IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions our liability is limited to the maximum extent permitted by applicable law. Nothing in this Agreement limits our liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by our negligence.

Section 12 — Indemnification

You agree to indemnify, defend and hold harmless Promptly Mom, LLC, its affiliates, licensors, officers, directors, employees and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including reasonable attorneys' fees) arising out of or relating to: your use of the Services in violation of this Agreement; your User Content; your violation of any applicable law or regulation; your violation of any third party's rights, including intellectual property rights, privacy rights or rights of publicity — including any claim by a person whose voice was captured during a Voice Session you started, or whose image you submitted; any Scene you authored that the Assistant executed at your instruction, and any consequence of an action you instructed the Assistant to take; your use of Your AI Key, including any charge, suspension or claim by the provider that issued it; or your violation of the Community Code of Conduct.

Promptly Mom may assume control of the defense of any matter subject to indemnification by you, at your expense. You may not settle any claim without our prior written consent. This section does not apply to the extent prohibited by applicable law, and does not apply to consumers in jurisdictions where consumer indemnities of this kind are unenforceable.

Section 13 — Dispute Resolution, Arbitration, and Class Action Waiver

13.1 Informal Resolution First. Before initiating any formal legal proceeding, you agree to first contact Promptly Mom at admin@promptlymom.com with a written description of your dispute and the relief you seek. We will attempt in good faith to resolve it within 30 days of receiving your notice. If it is not resolved within 30 days, either party may proceed to binding arbitration as described below.

13.2 Binding Arbitration. Except as provided in Section 13.5, any dispute, controversy or claim arising out of or relating to this Agreement or the Services, including any question regarding its existence, validity or termination, shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by this Agreement. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Jury Trial and Class Action Waiver.

YOU AND PROMPTLY MOM EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

13.4 Arbitration Fees. AAA filing fees will be allocated in accordance with the AAA Consumer Arbitration Rules. If the arbitrator finds a claim to have been filed for an improper purpose or to be frivolous, the arbitrator may require the filing party to pay the other party's attorneys' fees.

13.5 Exceptions to Arbitration. Arbitration does not apply to: (a) claims for injunctive or other equitable relief to prevent unauthorized use of the Services or infringement of intellectual property rights; (b) individual claims within the jurisdiction of small claims court; and (c) claims by residents of jurisdictions where mandatory pre-dispute arbitration agreements are unenforceable, including consumers in the European Union, the United Kingdom and Canada.

13.6 Governing Law and Venue. This Agreement and any dispute arising out of or related to it are governed by the laws of the State of Arizona, without giving effect to conflict of law principles. For any dispute not subject to mandatory arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona. If you are a consumer resident in the European Union, the United Kingdom or Canada, nothing in this section deprives you of the protection of the mandatory provisions of the law of your country of residence or of the right to bring proceedings in your local courts.

The Services integrate with, link to, or enable access to third-party platforms, applications and services. These are governed by their own terms of service and privacy policies, which you are responsible for reviewing. Promptly Mom has no control over Third-Party Services and is not responsible for their content, practices or policies.

The Third-Party Services that matter most to how the App works are:

AI model providers (Anthropic, OpenAI and Google) — what you say to the Assistant, the photographs you submit, the prompt text generated by the App, and the information the Assistant and the App's Studios send alongside it are sent to one of these providers so that a response can be produced.

Google (Gemini Live) — receives live microphone audio for the duration of a Voice Session.

Google Search — when the Assistant, a Studio or a research prompt in Chat looks something up on the web for you, the search is run through Google Search.

DuckDuckGo — when the App builds a prompt for you, or when the AI model that runs on your phone answers you, it can look up a short fact through DuckDuckGo's Instant Answer service.

Your smart-home provider (today, Apple's Home on iPhone) — receives and executes the home commands you ask for, and controls whether and when your devices respond.

Apple Health and Health Connect — if you choose to bring in readings from Apple Health (on iPhone) or Health Connect (on Android), those platforms and their rules govern what they let the App read, and you control that access in your phone's settings.

Google accounts you connect — if you connect your Google account to the App, for example to bring in your Google Calendar or family email from Gmail, Google's terms govern that connection, and you can end it at any time by disconnecting it in Account in the App or by removing the App's access from your Google Account.

Google and Apple — deliver push notifications, process purchases and subscriptions, and confirm that requests come from a genuine installation of the App.

Your use of any Third-Party Service, including authorizing a connection between your Promptly Mom account and a third-party account, is governed by that third party's terms and your agreement with them. Promptly Mom is not a party to those agreements.

Section 15 — Term and Termination

15.1 Term. This Agreement is effective from the date you first accept it and continues until terminated by either party as described below.

15.2 Termination by You. You may terminate at any time by closing your account as described in Section 4.5. Termination does not entitle you to a refund of prepaid fees except as required by applicable law or the applicable App Store's refund policy.

15.3 Termination by Promptly Mom. We may terminate or suspend your account and access to the Services immediately, without notice or liability, if you breach this Agreement, the Privacy Policy, the Community Code of Conduct or any other incorporated document; we are required to do so by law or at the request of a law enforcement or regulatory authority; your account is associated with fraudulent, illegal or harmful activity; or we discontinue the Services. We may also terminate your account for inactivity of 24 consecutive months, with advance email notice.

15.4 Effect of Termination. Upon termination: your license to use the App and Services immediately terminates; you must cease all use of the App and delete all downloaded copies from your devices; any connection between the App and your smart home, and any connected AI Key, ceases to operate; and all sections that by their nature should survive termination will survive, including Sections 3.4, 5.7, 8, 10, 11, 12, 13, 15.4 and 18. Termination does not affect rights or obligations accrued prior to termination and does not limit any remedy available at law or in equity.

Section 16 — Force Majeure

Promptly Mom will not be liable for any delay or failure to perform caused by circumstances beyond our reasonable control, including acts of God, natural disasters, pandemic or public health emergency, war, terrorism, governmental action, labor disputes, power or Internet outages, or failures of third-party service providers including cloud infrastructure providers, AI model providers and smart-home platforms.

Section 17 — Changes to This Agreement

We may modify this EULA at any time. How you will be told depends on what is changing.

Material changes — in the App. For changes that materially affect your rights, we will post the revised EULA at promptlymom.com/eula with a new effective date and display an in-App notice asking you to review and accept the updated terms. We will seek your affirmative acceptance before the change takes effect for you. Continued use of the affected feature is not a substitute for acceptance.

Price and billing changes — by email. If we change the price of a Subscription or the terms on which you are billed, we will email you at the address associated with your account at least 30 days before the change takes effect, and you may cancel before then.

Non-material changes. We will post the revised EULA with a new effective date. Your continued use after that date constitutes acceptance.

If you do not agree to a revised version, you must stop using the Services and may close your account.

Section 18 — General Provisions

18.1 Entire Agreement. This EULA, together with the Privacy Policy, Terms of Service, Cookie Policy and Community Code of Conduct (each incorporated by reference), constitutes the entire agreement between you and Promptly Mom with respect to the Services and supersedes all prior agreements, representations and understandings relating to the Services, including any prior version of this EULA and the abridged version previously published at promptlymom.com/terms.

18.2 Severability. If any provision is found invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

18.3 Waiver. No failure or delay in exercising any right constitutes a waiver of that right. No single or partial exercise precludes any other or further exercise.

18.4 Assignment. You may not assign or transfer any of your rights or obligations without our prior written consent. Promptly Mom may assign this Agreement in connection with a merger, acquisition or sale of substantially all of its assets, with prior notice to you.

18.5 Notices. All notices from you to Promptly Mom must be sent by email to admin@promptlymom.com. Notices from Promptly Mom to you will be sent to the email address associated with your account or displayed as in-App notifications. Notices are effective upon transmission.

18.6 Language. This Agreement is drafted in English, which is the controlling language for all purposes. Any translation is provided for convenience only.

18.7 Contact. Promptly Mom, LLC — General and legal inquiries, privacy inquiries, community and conduct, and DMCA notices: admin@promptlymom.com. Website: www.promptlymom.com

4211 South Nano

Mesa, Arizona 85212

United States