Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PROMPTLY MOM WEBSITE.

These Terms of Service (“Terms”) are a legally binding agreement between you and Promptly Mom, LLC, an Arizona limited liability company (“Promptly Mom,” “we,” “us” or “our”), governing your access to and use of the website at promptlymom.com and all of its subdomains and web-based interfaces (the “Site”).

By accessing or using the Site, creating an account through it, or making a purchase through it, you agree to be bound by these Terms and by the documents incorporated below. If you do not agree, do not use the Site.

Section 1 — What These Terms Cover, and What They Don’t

These Terms govern the Site. Your use of the Promptly Mom mobile application (the “App”) is governed by the End User License Agreement, which you accept in the App. The App and the Site share a single account. When you create an account or sign in on the Site — for example, to keep track of your progress in Mom Academy or to delete your account — you use the same account you use in the App, and, where the Site recognizes Premium access you have in the App, it unlocks the Site’s Premium content for you. If we add other account features to the Site, such as managing a subscription or taking part in community features, they will use that same account.

Companion features. The Promptly Mom card for Gmail, when it is available to you, and any other companion feature we provide for use inside another service you use, is part of the Services governed by the EULA, not by these Terms.

The following documents are incorporated into these Terms by reference and form part of your agreement with us:

Order of precedence. If these Terms conflict with one of the documents above: (1) the EULA controls any question concerning the App; (2) these Terms control any question concerning the Site; (3) the Privacy Policy controls any question of how personal information is collected, used or shared; then (4) the Community Code of Conduct; then (5) the Cookie Policy.

Capitalised terms not defined here have the meanings given in the EULA.

Section 2 — Eligibility and Where We Offer the Services

You must be at least 18 years of age to use the Site or to create an account. By using the Site you represent and warrant that you are 18 or older, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Site under the laws of your jurisdiction. The Site is not directed to children.

We currently offer the Services in the United States only. The App is distributed on the United States storefronts of the Apple App Store and Google Play. If we offer purchases through the Site, they will be available to United States billing addresses only, and checkout will decline an order placed with a billing address outside the United States. We do not target or market the Services to users outside the United States, prices are quoted in United States dollars only, and the Services are provided in English only.

If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local law. Nothing on the Site is an offer to sell to any person in any jurisdiction where such an offer would be unlawful.

Section 3 — Your Account

Some parts of the Site require an account. Your Site account is your Promptly Mom account: you can create it on the Site or in the App, and sign in to either with the same email address and password or the same Google account. If you created your account with Sign in with Apple, use the App to manage it. You agree to provide accurate, current and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and you agree to notify us immediately at admin@promptlymom.com of any unauthorized use.

Each person may maintain only one active account. You may close your account at any time in the App (Account → Delete Account), on the Site’s Delete Account page, or by contacting us; account closure is handled as described in the Privacy Policy. Closing your account does not cancel a subscription you bought through Apple or Google; cancel it with that store.

Section 4 — Licence to Use the Site

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Site for your personal, non-commercial use.

You may not, and may not permit anyone else to:

• Copy, modify, adapt, translate or create derivative works of the Site or its content;
• Reverse engineer or attempt to derive the source code of any part of the Site;
• Use automated scripts, bots, scrapers, crawlers or similar tools to access, collect or interact with the Site, except that we permit standard search engine indexing;
• Collect or use listings, descriptions or prices for the benefit of another merchant;
• Circumvent, disable or interfere with any security feature, rate limit or access control;
• Use the Site in any manner that could damage, overburden or impair it, or interfere with any other party’s use of it; or
• Use the Site or its content to train, fine-tune or evaluate any machine learning or artificial intelligence model.

Section 5 — Acceptable Use and Community Conduct

Where the Site provides community features, or where content you post through the Site appears in Mom Circles, the Community Code of Conduct applies in full and a violation of it is a violation of these Terms.

You further agree not to use the Site to violate any law; impersonate any person or entity; transmit defamatory, obscene, harassing, hateful or otherwise objectionable material; transmit spam or unsolicited promotional material; transmit malware; attempt unauthorized access to any account or system; or engage in conduct that restricts another user’s enjoyment of the Site.

Section 6 — Content

6.1 Our Content

The Site and all content on it — including the Promptly Mom name, logo, design, text, graphics, software, prompt libraries and AI-generated outputs we make available — are the property of Promptly Mom, LLC or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers any intellectual property right to you.

6.2 Your Content

You retain ownership of content you submit through the Site. By submitting it, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, perpetual licence to use, store, display, reproduce and distribute that content solely in connection with operating and improving the Services. You represent that you own or have all necessary rights to the content you submit and that it does not infringe any third party’s rights.

We may, but are not obliged to, monitor, review, edit, remove or refuse any content at our discretion. Content you post to community spaces is visible to other users; if you close your account, your community posts and replies and any prompts you published remain, shown as from a “Former member” instead of your name, and photos you uploaded are deleted, as described in the Privacy Policy.

6.3 Copyright Complaints

If you believe content on the Site infringes your copyright, send a notice to admin@promptlymom.com with the subject line “DMCA Notice,” including a description of the work, the location of the material, your contact details, a statement of good faith belief, and a statement under penalty of perjury that the information is accurate and that you are authorized to act for the copyright owner.

Section 7 — Purchases Made Through the Site

If we offer digital products (such as downloadable materials and educational content) or subscriptions for sale through the Site, this Section applies to those purchases. Purchases made in the App are processed by Apple or Google and are governed by the EULA and by that store’s terms and refund policy — this section does not apply to them.

7.1 Who You Are Buying From, and Where We Sell

Purchases through the Site are sold by Promptly Mom, LLC, an Arizona limited liability company, whose contact details are in Section 17.

We sell to United States billing addresses only. Checkout will decline an order placed with a billing address outside the United States. We do not ship or supply physical goods.

7.2 Prices, Taxes and Payment

• All prices are stated in United States dollars.
• Prices are stated exclusive of sales tax. Applicable state and local sales tax is calculated and added at checkout based on your billing address. Digital goods are taxable in a number of states.
• Payment is taken at the time you place your order. By submitting an order you authorise us, or our payment processor, to charge the payment method you provide.
• We may correct pricing errors at any time before your order is accepted. If a product was listed at an incorrect price, we will cancel the order and refund you in full rather than charge the corrected price without your agreement.

7.3 What You Are Buying

Digital products are licensed, not sold. When you buy one you receive a limited, non-exclusive, non-transferable licence to use it for your own personal, non-commercial purposes. You may print it, save it and use it in your own household.

You may not resell it, transfer it, share it publicly, repackage or bundle it, redistribute it in whole or in part, or use it or its contents to create a competing product. This restriction applies to educational content in the same way it applies to downloads.

7.4 Delivery, and Your Agreement to Immediate Access

Digital products are delivered immediately after payment, by download link or by access being granted in your account. By completing your purchase you request immediate delivery and access.

Access remains available in your account for as long as you maintain an account and we continue to offer the Site, so that you can download your purchase again if you lose the file. We recommend keeping your own copy.

7.5 Refunds

Because digital products are delivered immediately and cannot be returned, all sales are final once the product has been downloaded or accessed, except as set out below or as required by applicable law.

We will refund you if:

• The product is faulty, corrupt, or materially not as described;
• You were charged more than once for the same product, or charged in error; or
• You have purchased but not yet downloaded or accessed the product, and you ask us within 14 days.

To request a refund, email admin@promptlymom.com within 30 days of the charge with your order details. We will review your request and respond within 10 business days. Nothing in this section limits any right you have under applicable state consumer protection law.

7.6 Educational Content

Courses, guides and other educational material sold through the Site are provided for general informational purposes. They are not professional medical, nutritional, mental health, legal, financial or parenting advice, they are not a substitute for consulting a qualified professional, and we make no promise about any particular result you will achieve. Any testimonial or review reflects that individual’s experience and is not a representation of typical results.

7.7 Subscriptions Purchased Through the Site

If you purchase a recurring subscription through the Site, it renews automatically at the end of each billing period unless you cancel before the renewal date. You may cancel at any time in your account settings, and cancellation takes effect at the end of the current period. We will give you at least 30 days’ notice by email before any price change, and you may cancel before it takes effect.

Section 8 — AI Features

The Site may make AI-generated content available to you. AI-generated content is produced by large language models operated by third-party providers and is provided for informational, organizational and creative assistance purposes only. It is not a substitute for professional medical, nutritional, mental health, legal, financial or parenting advice, and we do not warrant its accuracy, completeness or fitness for any purpose. You are solely responsible for any decision you make based on it. The Privacy Policy describes what information is sent to AI providers and what they may do with it.

Section 9 — Privacy and Cookies

Our collection and use of personal information is described in the Privacy Policy. Our use of cookies and similar technologies on the Site is described in the Cookie Policy, which also explains how to manage them. Where the Site offers a cookie banner or a Cookie Settings link, you can set your preferences there too.

Section 10 — Third-Party Links and Services

The Site may link to or integrate third-party websites, platforms and services. These are governed by their own terms and privacy policies, which you are responsible for reviewing. We have no control over them and are not responsible for their content, practices or policies, and a link is not an endorsement.

Section 11 — Disclaimers and Limitation of Liability

11.1 Disclaimer

THE SITE AND ALL CONTENT ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROMPTLY MOM DISCLAIMS ALL WARRANTIES.

11.2 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 OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits our liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by our negligence.

Liability arising from your use of the App, or of a companion feature such as the Promptly Mom card for Gmail — including anything the Assistant does on your device or in your home — is governed by Sections 10 and 11 of the EULA, not by this section.

Section 12 — Dispute Resolution, Arbitration, and Class Action Waiver

Informal resolution first. Before starting any formal proceeding, contact us 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.

Binding arbitration. Except as provided below, any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, conducted in English, with the arbitrator’s decision final and enforceable in any court of competent jurisdiction.

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 AN INDIVIDUAL CAPACITY.

Exceptions. The following are excluded from mandatory arbitration: claims for injunctive or equitable relief to prevent unauthorized use of the Site or infringement of intellectual property; individual claims within the jurisdiction of small claims court; and claims by residents of jurisdictions where mandatory pre-dispute arbitration is unenforceable, including consumers in the European Union, the United Kingdom and Canada.

Governing law and venue. These Terms are governed by the laws of the State of Arizona, without giving effect to conflict of law principles. For any dispute not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona. If you are a consumer resident in the European Union, the United Kingdom or Canada, nothing here 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.

Section 13 — Indemnification

You agree to indemnify, defend and hold harmless Promptly Mom, LLC, its affiliates, licensors, officers, directors, employees and agents from and against any claims, liabilities, damages, judgments, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Site in violation of these Terms, your content, your violation of any law, your violation of any third party’s rights, or your violation of the Community Code of Conduct. This section does not apply to the extent prohibited by applicable law.

Section 14 — Suspension and Termination

We may suspend or terminate your access to the Site at any time, without notice, if you breach these Terms or any incorporated document, if required by law or a regulatory authority, if your account is associated with fraudulent, illegal or harmful activity, or if we discontinue the Site. You may stop using the Site at any time. Sections 6, 11, 12, 13 and 15 survive termination.

Section 15 — Changes to These Terms

We may modify these Terms at any time. When we make material changes, we will post the revised Terms with a new effective date and, where you have an account, notify you by email or by a notice on the Site. Your continued use of the Site after the effective date constitutes acceptance. If you do not agree, stop using the Site.

Section 16 — General

• Entire agreement. These Terms, together with the documents incorporated in Section 1, constitute the entire agreement between you and Promptly Mom with respect to the Site and supersede all prior agreements and representations relating to it, including the page previously published at promptlymom.com/terms.
• Severability. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder will continue in effect.
• Waiver. No failure or delay in exercising a right waives it.
• Assignment. You may not assign your rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of substantially all of our assets, with notice to you.
• Notices. Notices to us must be sent to admin@promptlymom.com. Notices to you will be sent to the email address on your account or posted on the Site.
• Language. These Terms are drafted in English, which is the controlling language. Any translation is for convenience only.
• No third-party beneficiaries. Except as expressly stated in the EULA with respect to Apple, these Terms create no third-party beneficiary rights.

Section 17 — Contact Us

Promptly Mom, LLC

4211 South Nano

Mesa, Arizona 85212

United States

Email: admin@promptlymom.com

Website: www.promptlymom.com