Terms of Service
Pomet, Inc. · Effective date: September 4, 2026 · Last updated: September 4, 2026 · Questions: legal@kidbrief.app
01
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 is currently 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 collect nothing from them — no account, no name, no contact details, and no record that they opened the link. See Section 4.10b.
02
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 hold the encrypted brief you chose to share until the caregiver opens it, 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. Our Privacy Policy describes this in more detail.
Sorting requires a network connection. If your phone is offline, you can still write or record freely — the app will sort what you entered the next time it can reach the service.
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, of your home, and recordings of how their names are pronounced. 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 a caregiver is expected to do, and what we can and cannot enforce. A caregiver who opens a share link is not asked to create an account and is not presented with an agreement to accept. They open a link and read a brief. We have deliberately not put a consent wall in front of a brief: someone reading it is usually mid-handover, often holding a child, and a legal interstitial at that moment would be bad design and would not meaningfully protect anyone.
The consequence is one you should understand clearly. We do not have a contract with the people you share with, and neither of us can enforce one against them through these Terms. If you need a caregiver to be bound to particular conditions, that is an arrangement between you and them, made outside the Service.
What we do provide is control over exposure: you choose what goes in, links expire, and you can revoke access instantly. What a caregiver should do with a brief is the ordinary expectation of anyone trusted with information about a child — use it to care for that child on that occasion, do not pass it on, and do not use it to contact, locate, or monitor the family afterward. Say so when you send it if it matters to you.
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, block further access, and preserve any records we hold if you are pursuing the matter.
Be aware of the limits of what we can tell you. We do not record who opened a link or when, so we cannot tell you whether or how many times a brief was viewed. And we cannot 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. Shared briefs are encrypted on your device before they reach us and we do not hold the key. We rely on this acceptable use policy and respond to reports. If we become aware of conduct that violates these Terms or applicable law, we may disable access to a shared link, 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.
03
Price
3.1 KidBrief is currently free. There is no subscription, no paid tier, and no in-app purchase. Every feature described in these Terms — building profiles, sorting what you say into fields, and sharing briefs — is available at no cost, with no limit on the number of briefs you may share.
3.2 If that changes. We may introduce a paid plan in future. If we do, we will update these Terms and give you notice under Section 9.1 before any charge applies to you. Any purchase would be processed through the Apple App Store under Apple’s terms, and cancellation and refunds would be handled by Apple. Nothing in this Section obliges you to pay anything today.
3.3 Your data is not held hostage. Your family’s profiles are on your device and remain yours regardless of what we charge in future. Introducing a paid plan will not delete them, lock you out of viewing or editing them, or prevent you from exporting them.
04
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: encrypted shared-brief copies, text submitted for AI processing, 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.
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(a) Family profile data — names, ages, photos, routines, preferences, behavioral notes, allergies, medications, conditions, and emergency contacts, created and stored on your device.
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(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.
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(c) Shared brief data — the subset of profile data you select for a share link, which may include photos and voice recordings of how names are pronounced. It is encrypted on your device before it is uploaded, held in that encrypted form on our infrastructure (Cloudflare) so a caregiver can open it, and deleted on revocation, on expiry, or automatically within 30 days of upload, whichever comes first. We cannot read it — see Section 4.7.
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(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.
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(e) Device and usage data — device type, operating system version, and crash reports provided through Apple’s standard developer tools. The app itself contains no analytics.
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(f) 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; and (c) third-party adults named in profiles or household fields. Caregivers who open a share link are not a category of data subject for us, because we collect nothing from them.
4.4 Nature and purpose of processing. Providing and maintaining the Service, including field extraction and serving encrypted briefs; 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 communications; (d) Legal obligation (Art. 6(1)(c)). You may withdraw consent at any time without affecting processing that already occurred lawfully.
Health-related details you record are processed on your instruction, for the single purpose of displaying them to you and to the caregivers you choose to share them with. We do not use them for any other purpose. The Service is not currently distributed in the EU or EEA.
4.6 Duration of processing. Profile data persists on your device until you delete it. Shared briefs stop being served on expiry or revocation; the encrypted copy is deleted at that point, and in any case automatically within 30 days of upload. The longest share the app can create lasts one week, so no live share is ever cut short by that rule. Audio is never transmitted or stored by us. Extraction text is not stored on our servers. Waitlist emails are retained until you unsubscribe or until 24 months of inactivity, whichever comes first.
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:
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End-to-end encryption of shared briefs. When you share a brief, your device generates a fresh 256-bit key, encrypts the brief with AES-256-GCM, and uploads only the encrypted result. The key is placed in the share link after the “#” symbol. Browsers do not transmit that part of a web address to servers, so the key never reaches us and we cannot decrypt what we are holding. The caregiver’s browser reads the key from the link and decrypts the brief on their own device.
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Device-level protection of family data, provided by iOS file protection, which encrypts app data at rest on your own device.
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An optional app lock (passcode or biometric).
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Encryption in transit using TLS.
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Share tokens generated from 24 bytes (192 bits) of cryptographic randomness using the operating system’s secure random number generator.
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Server-side enforcement of expiry and revocation on every request.
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Rate limiting on our processing endpoint, to blunt automated abuse.
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noindex on caregiver pages.
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Access controls limiting production and user data access to authorized personnel on a need-to-know basis, 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:
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(a) Cloudflare — hosting for the website and the caregiver share pages, the processing endpoint, and storage of encrypted shared-brief copies. Cloudflare cannot read those copies; we do not hold the key.
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(b) OpenAI — text extraction under a Zero Data Retention agreement; content is not retained for model training or long-term storage. Audio and photos are never transmitted.
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(c) Apple — app distribution and crash reporting.
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(d) A provider of waitlist and email communications, 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. You can request the current list at any time by emailing privacy@kidbrief.app.
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 — and in the case of a shared brief we could not, because we cannot decrypt it. 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. We collect nothing from a caregiver who opens a share link. We do not record that a link was opened or when. We do not store their IP address, browser, or device. We do not set cookies on the caregiver page and there is no account for them to create. There is also no way for a caregiver to send anything back through a brief — it is something to read, not a channel.
Two honest caveats. Cloudflare processes network requests in order to serve the page and may keep its own short-lived operational logs, as any infrastructure provider does; we do not receive those logs, query them, or build anything from them. And the brief itself is encrypted before it leaves your device, so even the copy we hold is unreadable to us.
Because we collect nothing when a link is opened, there is nothing of a caregiver’s for us to hold, disclose, or delete — including where that caregiver is under 18.
4.11 AI processing and automated decision-making. KidBrief uses artificial intelligence to convert what you write or say into structured fields. This is an assistive tool for organizing 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 — the app shows you what it heard and lets you fix it before anything is filed. We do not use your profiles, photos, or brain-dumps 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 encrypted server-side copies. You can save a copy of your family’s data from the app’s settings and restore it on another device. 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.
05
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.
06
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 should be treated as advice from a professional.
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.
6.3 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.
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.
07
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. Save a copy first if you want to keep it. Revoke any active share links before you delete the app — once it is gone, you no longer have the means to revoke them. If you need help with that afterward, email privacy@kidbrief.app.
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.
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.
08
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.
09
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.
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. 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.
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 Section 4.10 may enforce their data protection rights to the extent required by applicable law, and (b) 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.
10
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.
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.