Terms of Service

Pomet, Inc. · Effective date: August 24, 2026 · Last updated: August 24, 2026 · Questions: legal@kidbrief.app

Service Description and Acceptance

1.1 About KidBrief. KidBrief is a user manual for your kids. You build a profile for each child once — routines, allergies, medications, emergency contacts, the small things that make bedtime work — and then hand any sitter, grandparent, or caregiver a read-only link when they come to watch your kids. They open it in a browser. They do not install anything, they do not make an account, and the link expires.

1.2 Agreement. These Terms of Service (“Terms”) are a binding legal agreement between you and Pomet, Inc. (“KidBrief,” “we,” “us,” or “our”), a Delaware corporation headquartered at 2261 Market Street STE 76796, San Francisco, CA 94114. They govern your access to and use of the KidBrief mobile application, the website at kidbrief.app, the caregiver share pages, and any related products or services (collectively, the “Service”).

1.3 Acceptance. By setting up KidBrief, joining our waitlist, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (available at kidbrief.app/privacy), which is incorporated here by reference. If you do not agree, please do not use the Service.

1.4 Beta / early access. The Service may be offered in beta. Features, functionality, and availability may change at any time without notice. Beta features may contain errors, produce inaccurate AI-generated output, or perform inconsistently. We do not guarantee uninterrupted, error-free, or timely access to the Service. We welcome feedback at feedback@kidbrief.app.

1.5 Eligibility. You must be at least 18 years old to use the Service. By using it, you represent and warrant that you are at least 18, you have the legal capacity to enter into a binding agreement, your use does not violate any applicable law, and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction.

1.6 Who KidBrief is for. KidBrief is for parents and legal guardians describing their own children to the people who care for them. Children do not use KidBrief. The Service is not directed to children, contains nothing designed to be used by a child, and collects no information from a child — all information about a child is supplied by that child’s own parent or guardian. For that reason the Children’s Online Privacy Protection Act (COPPA), which governs the collection of personal information directly from children under 13, does not apply to the Service. If we learn that someone under 18 has set up KidBrief, we will terminate that use.

Caregivers who open a share link may be under 18. We treat their information accordingly: we collect the minimum needed to serve the page, we tell them what we collect before the brief is displayed, and we delete it on the share’s schedule. See Section 4.10b.

Your Use of the Service

2.1 No accounts. KidBrief does not require you to create an account. Your family’s data is created and stored on your own device. There is no username, no password held by us, and no server-side copy of your family in ordinary use.

2.2 Device security. Because your family’s information lives on your device, protecting that device is part of protecting that information. You are responsible for your device passcode, for the KidBrief app lock if you enable it, and for who has access to your unlocked phone. We strongly recommend turning on the app lock. We are not liable for access to your data that results from someone else using your device.

2.3 Your content. “Your Content” means the profiles, fields, photos, notes, voice recordings, and other materials you create in or submit to the Service. You retain ownership of Your Content. By using the Service you grant us a limited, worldwide, royalty-free, non-exclusive license to process, store, and transmit Your Content solely to provide the Service to you — for example, to render a brief for a caregiver you shared with, or to turn a brain-dump into structured fields. We do not sell Your Content and do not use it to advertise to you or anyone else. You represent that Your Content does not violate any law or these Terms and that you have all rights necessary to grant the license above.

2.4 Information about your children. You may store information about children for whom you are a parent or legal guardian, or for whom you have the express permission of a parent or legal guardian. You are solely responsible for that information — its accuracy, its lawfulness, and the decision to record it at all. You must not use the Service to store information about a child you have no authority over, to surveil or monitor a child, or in violation of a custody order, court order, or any other legal restriction on your access to information about that child.

2.4a Custody disputes and shared parenting. KidBrief works well for co-parents in different households: each keeps their own copy, and either can export their data and import it on another device. That also means two copies can exist independently, and we have no way to reconcile them or to make a change in one appear in the other.

If your circumstances change — separation, a new custody arrangement, a change in guardianship — you are responsible for reviewing what you hold and what your export may have put in someone else’s hands. We do not determine who has authority over a child and we will not take sides in a family dispute. We do not disclose or delete one person’s data at another person’s request. We comply with valid orders from a court of competent jurisdiction. If a matter involves immediate danger to a child, contact your local authorities.

2.5 Information about other adults. Profiles and household fields may include information about other people — a co-parent, a pediatrician, a neighbor with a spare key. You are responsible for that information too, including whether it is appropriate to record and to hand to a caregiver.

2.6 Voice notes and brain-dumps. Audio is transcribed on your device and is not sent to us. The resulting text is sent to our processing endpoint and on to our AI provider under a Zero Data Retention agreement, and comes back to your device as structured fields. We do not store the text on our servers. An offline option is available that performs no network call at all. Our Privacy Policy describes this in more detail.

2.6a Biometric unlock. If you enable Face ID or Touch ID, Apple’s system reports only whether the check passed or failed. Your biometric data never leaves the Secure Enclave on your device. We do not collect, receive, store, or have any access to a scan of your face, your fingerprint, or any other biometric identifier.

2.7 Sharing is your decision, and your responsibility. When you create a share link, you are choosing to give another person access to detailed information about your children — where they live, what they are allergic to, what medication they take, who is authorized to pick them up, and, potentially, photos of them and of your home. That is exactly what the Service is for, and it is also a serious act.

You are solely responsible for who you send a link to and for what you include in it. Before sharing, you agree to: send the link only to a person you have chosen and trust to care for your children; send it through a channel you control (a direct text or message, not a public post or group you do not manage); include only what that caregiver actually needs for that occasion; and revoke the link when it is no longer needed.

We provide the tools to limit exposure — you select which children and which fields are included, links expire automatically, and you can revoke any link instantly from the app. We cannot control what a recipient does once they have the link. A caregiver can screenshot a brief, forward the link, or remember what they read. Treat a share link like a house key: give it deliberately, and take it back when the evening is over.

2.8 What caregivers agree to. Before a brief is displayed, anyone opening a share link is shown these conditions and must accept them. By opening and using a brief, a caregiver agrees to: use it only to care for the children it describes, for the occasion it was shared for; not forward, republish, screenshot for distribution, or otherwise pass on the link or its contents; not use the information to contact, locate, or monitor the children or the household outside of caregiving; and stop using the brief when the occasion ends. These obligations apply to the caregiver directly, and this Section 2.8 is enforceable by us against them.

2.8a Reporting misuse. If you believe a caregiver has misused a brief you shared, revoke the link immediately in the app and email legal@kidbrief.app. We will acknowledge within 5 business days, tell you what we can see from our side (such as how many times the link was opened), preserve relevant records if you are pursuing the matter, and block further access. What we cannot do is retrieve information a person has already read, remembered, or copied — which is why Section 2.7 asks you to share deliberately in the first place.

2.9 Acceptable use. You agree not to use the Service to violate any law, regulation, or third-party right; stalk, harass, intimidate, surveil, or threaten any person; monitor or track a child without lawful authority; circumvent expiry, revocation, or access controls, or attempt to guess or enumerate share tokens; reverse engineer, decompile, or extract the source code of the Service; scrape, crawl, or use automated means to access the Service or drain our AI endpoint; transmit malware or code designed to interfere with the Service; impersonate any person or misrepresent your relationship to a child; or use the Service in any way that could damage, overburden, or impair it.

2.10 Content monitoring and enforcement. We do not actively monitor or review your profiles or shared briefs — by design, in ordinary use we cannot. We rely on this acceptable use policy and respond to reports. If we become aware of content or conduct that violates these Terms or applicable law, we may remove or disable access to shared content, suspend or terminate access to the Service, and report activity to law enforcement where appropriate. We are not obligated to review content and assume no liability for content users store or share.

Subscription and Payment

3.1 Free brief and subscription. Your first shared brief is free. Continued sharing requires a paid plan (“Plus”). Current pricing and plan details are displayed in the app and on our website. We may change pricing at any time, but changes will not apply to your current billing period. We will notify you at least 30 days before any price increase takes effect.

3.2 What you keep either way. Building and viewing your kids’ profiles, editing fields, and using the offline brain-dump parser do not require a subscription. Plus unlocks continued sharing beyond your first free brief, along with any premium features described in the app.

3.3 Billing. Subscriptions purchased on iOS are processed through the Apple App Store, subject to Apple’s terms and payment policies. Fees are billed in advance on a recurring basis according to your selected plan.

3.4 Cancellation. You may cancel at any time through your Apple ID account settings; we cannot process cancellations of App Store subscriptions. Cancellation takes effect at the end of your current billing period, and you keep access until then.

3.5 Refunds. Refunds for App Store purchases are handled by Apple under Apple’s refund policies. Visit reportaproblem.apple.com or contact Apple Support.

3.6 What happens to your data if you stop paying. Your family’s profiles are on your device and remain yours. Letting a subscription lapse does not delete them and does not lock you out of viewing or editing them. It ends your ability to create new share links beyond what the free tier allows.

3.7 Taxes. Fees are exclusive of applicable taxes, duties, and levies. Where required by law, applicable taxes are collected and remitted through the App Store.

Data Processing Terms

4.1 Scope and purpose. This Section 4 sets out how we collect, process, and protect personal data in connection with the Service. Our Privacy Policy (kidbrief.app/privacy) provides additional detail and is incorporated by reference. Where this Section 4 and the Privacy Policy conflict on a data protection matter, the Privacy Policy governs — it is the document you are most likely to read, and we would rather be held to it.

4.1a Controller status. Pomet, Inc. acts as the data controller for the personal data we hold: temporary shared-brief copies, text submitted for AI processing, caregiver interaction data, waitlist addresses, and device and usage data. For the family profiles stored on your own device, which we do not hold and cannot access, you determine what is recorded, why, and who sees it.

4.2 Categories of personal data.

(a) Family profile data — names, ages, photos, routines, preferences, behavioral notes, allergies, medications, conditions, and emergency contacts, created and stored on your device.
(b) Health-related data — allergies, medications and dosages, conditions, and medical contacts. Treated as sensitive personal information under applicable law. KidBrief is not a covered entity or business associate under HIPAA and HIPAA does not apply to the Service.
(c) Shared brief data — the subset of profile data you select for a share link, held temporarily on our servers (hosted on Vercel) so a caregiver can open it, and deleted on expiry or revocation.
(d) Voice and text input — audio transcribed on-device and not transmitted to us; resulting text transmitted for structured extraction under a Zero Data Retention agreement and not stored on our servers.
(e) Caregiver interaction data — whether and when a share link was opened, questions asked of the brief, and any note left for you afterward.
(f) Device and usage data — device type, operating system version, crash reports, and general usage patterns.
(g) Communications data — email address, where you provide one, for product updates and service communications.

4.3 Categories of data subjects. The Service processes data relating to: (a) users of the Service; (b) children described by users; (c) third-party adults named in profiles or household fields; and (d) caregivers who open a share link.

4.4 Nature and purpose of processing. Providing and maintaining the Service, including field extraction, brief rendering, and caregiver answers; improving the Service through aggregated and de-identified usage data; communicating with you; detecting and preventing security threats, fraud, and abuse; and complying with legal obligations.

4.5 Legal bases (EEA/UK users). (a) Contract performance (Art. 6(1)(b)) — providing the Service; (b) Legitimate interests (Art. 6(1)(f)) — product improvement, security, and abuse prevention, where not overridden by your rights; (c) Consent (Art. 6(1)(a)) — marketing, and processing of health-related data as special category data under Art. 9(2)(a); (d) Legal obligation (Art. 6(1)(c)). You may withdraw consent at any time without affecting processing that already occurred lawfully.

4.6 Duration of processing. Profile data persists on your device until you delete it. Shared briefs stop being served on expiry or revocation and are deleted within 30 days. Caregiver open-records, IP addresses, and note-backs are deleted on the same schedule once delivered. Caregiver questions are not stored after an answer is returned. Audio is never stored. Extraction text is not stored on our servers. Waitlist emails are retained until you unsubscribe or until 24 months of inactivity, whichever comes first. Device and usage data is retained in aggregated form for up to 12 months.

4.7 Security measures. We implement and maintain technical and organizational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, or unauthorized disclosure or access. These include: encryption of family data at rest on your device; an optional app lock (passcode or biometric); encryption in transit using TLS; encryption at rest for any server-side data; share tokens generated from at least 32 bytes of cryptographic randomness; server-side enforcement of expiry and revocation on every request; noindex on caregiver pages; row-level security isolating shared briefs; access controls limiting production and user data access to authorized personnel on a need-to-know basis; regular testing of security measures; and incident response procedures. We review and update these measures periodically.

4.8 Service providers. We engage a small number of third-party providers who act as our processors:

(a) Vercel — hosting infrastructure, serverless functions, and temporary storage of shared-brief copies.
(b) OpenAI — text extraction and caregiver question answering under a Zero Data Retention agreement; content is not retained for model training or long-term storage. Photos are not transmitted.
(c) Apple — App Store subscription processing.
(d) Providers of waitlist/email communications and product analytics, receiving no family profile data.

Each provider is bound by a written agreement imposing data protection obligations no less protective than those in these Terms. We remain responsible for the acts and omissions of our providers. We maintain a current list at kidbrief.app/service-providers.

4.9 Data subject rights. EEA and UK users have the rights to access, rectification, erasure, restriction of processing, objection to processing based on legitimate interests, data portability, withdrawal of consent, and complaint to a supervisory authority. California residents have the rights to know, delete, correct, opt out of sale or sharing, and limit the use of sensitive personal information; we do not sell or share personal information. Residents of Virginia, Colorado, Connecticut, Texas, Washington, and other states with comprehensive privacy laws may have similar rights. Email privacy@kidbrief.app. We respond within the timeframes required by law, typically within 30 days, at no charge unless a request is manifestly unfounded or excessive.

4.10 Rights of children and third parties. Children described in a profile, and other third parties named in one, may have rights under applicable data protection law. Because that data lives on your device, you are ordinarily the only person who can act on such a request, and you agree to do so promptly when required by law. If someone contacts us at privacy@kidbrief.app about data held in a user’s KidBrief, we will take reasonable steps to address the request, which may include contacting the user.

4.10a Verifying who is asking. Before acting on any data subject request, we verify the requester’s identity using information proportionate to the sensitivity of what is requested. We will not disclose the contents of anyone’s KidBrief to a third party on request. Where we cannot verify a requester to our reasonable satisfaction, we will decline and explain why. This matters most in family disputes, where a request may come from someone without authority over the child concerned.

4.10b Caregivers. Caregivers who open a share link are data subjects too. We collect their IP address and browser type, the fact and time of the open, any question they ask, and any note they leave. This is disclosed to them before the brief is displayed. Some caregivers are under 18; any caregiver may request deletion of their own data at privacy@kidbrief.app.

4.11 AI processing and automated decision-making. KidBrief uses artificial intelligence to convert what you write or say into structured fields and to answer a caregiver’s question using only the brief you shared. These are assistive tools for organizing and surfacing your own words. KidBrief does not make automated decisions about you or your children that produce legal or similarly significant effects within the meaning of GDPR Art. 22. You can always edit, correct, or delete AI-generated content. We do not use your profiles, photos, brain-dumps, or caregiver questions to train AI models, and we do not share them with anyone for that purpose.

4.12 International data transfers. We operate from the United States, which does not have an EU adequacy decision. For transfers from the EEA or UK we rely on Standard Contractual Clauses approved by the European Commission (and the UK International Data Transfer Agreement or Addendum where applicable), supplemented by additional safeguards where necessary. Request a copy at privacy@kidbrief.app.

4.13 Data breach notification. In the event of a personal data breach likely to result in a risk to your rights and freedoms, we will notify you without undue delay, describing the nature of the breach, the categories and approximate number of individuals and records affected, the likely consequences, and the measures taken or proposed. Where applicable law sets a deadline for notifying you or a supervisory authority — including the 72-hour supervisory authority deadline under GDPR Art. 33 — we will meet it.

4.14 Deletion and export. You can delete any profile, field, photo, or the app itself from your device at any time. You can revoke every active share link from the app, which deletes the corresponding server-side copies. You can export your family’s data in a portable format from the app. To have us delete anything else, email privacy@kidbrief.app; we will delete or de-identify it within 30 days, except where retention is required by law or to resolve a dispute.

4.15 Accountability. We maintain internal records of processing activities as required by GDPR Art. 30 and conduct data protection impact assessments for higher-risk processing, including our use of AI and our handling of data about children.

Intellectual Property

5.1 Our IP. The Service and its underlying technology, software, design, trademarks, trade names, logos, and content we create are owned by or licensed to us and protected by intellectual property laws. Nothing in these Terms grants you rights to use them beyond what is necessary to use the Service as permitted.

5.2 Feedback. If you give us suggestions, feedback, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide right to use that feedback for any purpose without obligation or compensation to you.

5.3 Third-party services. The Service relies on and integrates with third-party services, and your use is also subject to those providers’ terms. We are not responsible for the availability, accuracy, or actions of any third-party provider. If a third-party service becomes unavailable or changes its terms, related features may be affected.

Disclaimers and Limitation of Liability

6.1 KidBrief is not medical advice, and it is not an emergency service. KidBrief displays what you wrote. It does not check it, verify it, or improve it. If you enter a dosage incorrectly, KidBrief will show the incorrect dosage. If an allergy changes and you do not update the profile, KidBrief will show the old one. If the AI misfiles something from a brain-dump, it will appear where it was misfiled until you correct it.

KidBrief does not provide medical, health, nutritional, psychological, or parenting advice, and nothing in the app — including any AI-generated answer to a caregiver’s question — should be treated as advice from a professional. The AI answers only from the brief you wrote; it does not know your child, and it can be wrong.

In an emergency, call 911 or your local emergency number. Do not rely on the app to tell you what to do.

The emergency features in KidBrief are a convenience for reaching numbers you entered — they are not a monitoring service, an alerting service, or a substitute for emergency care.

You are responsible for keeping your profiles accurate and current, and for making sure a caregiver has what they actually need, including information you may have chosen not to put in the app.

6.2 Availability. The Service may be unavailable at times, including during outages of our providers or your own network. Share links depend on the caregiver’s device and connection. Do not rely on a share link as the only way a caregiver can reach critical information — leave a written copy of the essentials where they can find it.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY.

We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any AI-generated output is accurate, complete, or useful. Exercise your own judgment before relying on any output. (Section 6.3)

6.4 Consumer protection savings clause. Nothing in this Section 6 limits any rights you may have under consumer protection laws that cannot be excluded by contract, or any liability that cannot lawfully be excluded — including liability for death or personal injury caused by negligence, for fraud, or, for EEA and UK users, for damages arising from our failure to comply with applicable data protection law.

6.5 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.6 LIABILITY CAP. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) USD $100.

6.7 Jurisdictional variations. Some jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some of the above may not apply and you may have additional rights.

6.8 Indemnification. You agree to indemnify, defend, and hold us and our officers, directors, employees, agents, and licensors harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to your use of the Service, Your Content, your decision to share a brief with any person, your violation of these Terms, or your violation of any law or third-party right. This Section does not apply to users in the EEA or UK to the extent it would be unenforceable under applicable consumer protection law.

Termination

7.1 By you. You may stop using the Service at any time by deleting the app, which removes your family’s data from that device. Export first if you want a copy. If you have an active subscription, cancel it through your Apple ID settings — deleting the app does not cancel billing.

7.2 By us. We may suspend or terminate your access to the Service if we believe you have violated these Terms, if required by law, or for any other reason in our sole discretion. We will make reasonable efforts to notify you where practical. If we terminate without cause and you have an active paid subscription, we will support your refund request for the unused portion of your billing period. Where the subscription was purchased through the App Store, Apple issues the refund and we will provide Apple whatever confirmation they need from us.

7.3 Effect of termination. Upon termination your right to use the Service ends immediately and active share links are revoked. Provisions that by their nature should survive — including Sections 4 (Data Processing), 5 (Intellectual Property), 6 (Disclaimers and Limitation of Liability), 8 (Dispute Resolution), 9 (General), and 10 (Apple App Store Terms) — will survive.

Dispute Resolution

8.1 Governing law. These Terms are governed by the laws of the State of California, without regard to conflict of laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

8.2 Informal resolution. Before starting any formal dispute process, contact us at legal@kidbrief.app and give us 30 days to resolve it informally.

8.3 Binding arbitration (non-EU/EEA/UK users). If we cannot resolve a dispute informally and you are not in the EEA or UK, you and we agree to resolve it through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, rather than in court, in San Francisco, California, or remotely if both parties agree. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

8.4 EU/EEA and UK users. Sections 8.3 and 8.6 do not apply to you. Disputes may be brought before the courts of your country of residence or, at your election, the courts of San Francisco, California. Nothing here limits your right to bring proceedings before courts with jurisdiction under applicable EU or UK law, or to refer a data protection dispute to your local supervisory authority.

8.5 Small claims and injunctive relief. Either party may bring an individual claim in small claims court, or seek injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm without first going through arbitration.

8.6 Opt-out. You may opt out of the arbitration agreement by sending written notice to legal@kidbrief.app within 30 days of first accepting these Terms, including your name, contact email, and a clear statement that you are opting out. Opting out does not affect any other provision.

General Provisions

9.1 Changes to these Terms. We may update these Terms. When we do, we will update the “Last updated” date and, for material changes, give at least 14 days’ notice in the app or by email before they take effect. For EEA and UK users we will seek consent to material changes where required by law. If you do not agree, stop using the Service before the changes take effect.

9.2 Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject.

9.3 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the rest remains in full force.

9.4 Waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

We will notify you before any transfer that would change how your data is handled, and you may delete your data before it takes effect. Nothing in this Section permits the sale of data about your children as an asset, in a change of control or otherwise. (Section 9.5, Assignment) You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets, provided the assignee assumes all obligations under Section 4 and remains bound by the commitments in our Privacy Policy.

9.6 Force majeure. We are not liable for delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures. This does not relieve us of our obligations under Section 4.13 or our duty to maintain security measures under Section 4.7.

9.7 No third-party beneficiaries. These Terms create no third-party beneficiary rights, except that (a) individuals whose data is processed under Sections 4.10 and 4.10b may enforce their data protection rights to the extent required by applicable law, (b) a user who shared a brief may enforce Section 2.8 against a caregiver who accepted it, and (c) Apple Inc. is a third-party beneficiary of Section 10.

9.8 Contact. Pomet, Inc., 2261 Market Street STE 76796, San Francisco, CA 94114, United States. Email: legal@kidbrief.app. Data protection inquiries: privacy@kidbrief.app.

Apple App Store Terms

10.1 Scope. This Section applies only if you download or use the Service through the Apple App Store. These terms are required by Apple’s App Store Review Guidelines and are in addition to, not in place of, the other provisions of these Terms.

10.2 Acknowledgment. You acknowledge that these Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Service and its content.

10.3 Scope of license. Your license is a non-transferable license to use the Service on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms of Service.

10.4 Maintenance and support. We are solely responsible for providing maintenance and support. Apple has no such obligation.

10.5 Warranty. We are solely responsible for any product warranties, express or implied, to the extent not effectively disclaimed. If the Service fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our sole responsibility.

10.6 Product claims. We, not Apple, are responsible for addressing any claims relating to the Service or your possession or use of it, including (a) product liability claims, (b) any claim that the Service fails to conform to a legal or regulatory requirement, and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service’s use of HealthKit or HomeKit frameworks, if applicable.

10.7 Intellectual property claims. In the event of a third-party claim that the Service infringes intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.

10.8 Legal compliance. You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

10.9 Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Section 10 and will have the right to enforce it against you.

10.10 Contact. Any questions, complaints, or claims regarding the Service should be directed to us at legal@kidbrief.app, not to Apple.