Articles
of Agreement.

Of Acceptance

By creating a FamilyApp account — whether by mobile device, mobile application, or computer (collectively, the "Service") — you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy and Safety Tips, each incorporated by reference, and (iii) any additional terms you agree to when purchasing optional features. Together, these are "this Agreement". If you do not accept every part of this Agreement, please do not use the Service.

We may amend this Agreement and the Service from time to time, for reasons including legal changes, new features, or changes in business practice. The most recent version will always be posted in Settings and at FamilyApp.app — you should check it regularly. The most recent version applies. Where changes materially affect your rights, we will give you notice in advance. Continued use after a change takes effect constitutes acceptance.

Of Eligibility

You must be at least 18 years of age to create an account and use the Service. By doing so, you represent and warrant that:

• you may form a binding contract with FamilyApp;
• you are not a person barred from using the Service under U.S. law or any other applicable jurisdiction — you do not appear on the U.S. Treasury's list of Specially Designated Nationals, or face any similar prohibition;
• you will comply with this Agreement and all applicable laws, rules, and regulations; and
• you have never been convicted of a felony or indictable offense (or a crime of similar severity), a sex crime, or any crime involving violence; and you are not required to register as a sex offender with any registry.

Your Account

You are responsible for keeping your login credentials confidential, and you are solely responsible for all activity on your account. If you suspect unauthorised access, please write to us at once.

Of Amendments & Closure

FamilyApp strives to improve the Service and offer new functionality. We may add features, remove features, or — if necessary — suspend the Service entirely, giving you advance notice where circumstances allow.

You may terminate your account with one month's notice to the end of a month, for any reason, through Settings. If you subscribe through a third-party account (e.g., iTunes, Google Play), manage cancellation there to avoid further billing. FamilyApp may terminate your account at any time, without notice, if it believes you have violated this Agreement; upon termination you are not entitled to refunds for prior purchases. After termination, this Agreement ends, except that Article IV, Article V, and Articles XII through XIX survive.

Of Safety; Interactions Between Members

Although the Service includes features (such as double opt-in) designed to encourage respect, FamilyApp is not responsible for the conduct of any member, on or off the platform. Please use caution in every interaction, particularly where you choose to communicate off the Service or meet in person. Please read and follow our Safety Tips. Never provide your financial information or send money to other members.

Rights FamilyApp Grants You

FamilyApp grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, non-sublicensable licence to access and use the Service, for the sole purpose of enjoying the Service as permitted by this Agreement. You agree not to:

• use the Service or its content for any commercial purpose without our written consent;
• copy, modify, transmit, create derivatives of, or reproduce any copyrighted material, trademark, trade name, or other intellectual property accessible through the Service without our prior written consent;
• imply that any statement you make is endorsed by FamilyApp;
• use any bot, spider, scraper, or automated means to access, retrieve, index, or "data-mine" the Service, or circumvent its structure;
• use the Service in any way that interferes with its operation or burdens its servers or networks;
• upload viruses or compromise the security of the Service;
• forge headers or manipulate identifiers to disguise the origin of any transmission;
• "frame" or "mirror" any part of the Service without our written authorisation;
• use meta tags or devices referencing FamilyApp or the Service to redirect any person to any other website;
• modify, translate, sell, reverse engineer, decipher, or otherwise disassemble any portion of the Service;
• use or develop third-party applications that interact with the Service or with other members' Content without written consent;
• access or publish the FamilyApp API without written consent;
• probe, scan, or test the vulnerability of the Service or any system; or
• encourage or promote any activity that violates this Agreement.

The Company may investigate and take legal action in response to any illegal or unauthorised use of the Service, including termination of your account.

Any software we provide may automatically download and install upgrades or new features. You may be able to adjust these downloads through your device's settings.

Rights You Grant FamilyApp

By creating an account, you grant FamilyApp a worldwide, transferable, sub-licensable, royalty-free licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information you authorise us to access, along with any content you post, upload, or make available ("Content"). This licence is non-exclusive, except as to derivative works created through the Service. So that we may prevent the use of your Content outside the Service, you authorise FamilyApp to act on your behalf with respect to any infringing uses. Our licence to your Content is subject to your rights under applicable law and is limited to operating, developing, providing, and improving the Service.

You agree that all information submitted upon account creation is accurate and truthful, and that you have the right to post any Content and to grant the licence above.

You understand we may monitor or review any Content you post. We may delete Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our care representatives, please be respectful. If your behaviour toward care representatives or employees becomes threatening or offensive, we reserve the right to terminate your account immediately.

In consideration of our allowing you to use the Service, you agree that we, our affiliates, and third-party partners may place advertising on the Service. Any suggestions or feedback you send may be used by us for any purpose, without compensation to you.

Please be aware that FamilyApp may access, store, and disclose your account information and Content if required by law, by performing our agreement with you, or in good-faith belief that such action satisfies a legitimate interest.

Of Conduct — Community Rules

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement;
• use the Service for any harmful or nefarious purpose;
• use the Service in a way intended to damage FamilyApp;
• violate our Community Guidelines, as updated from time to time;
• spam, solicit money from, or defraud any member;
• impersonate any person or post images of another person without permission;
• bully, stalk, intimidate, assault, harass, mistreat, or defame any person;
• post content that violates anyone's rights (publicity, privacy, copyright, trademark, contract);
• post content that is hate speech, threatening, sexually explicit, or pornographic; incites violence; or contains nudity or gratuitous violence;
• post content that promotes racism, bigotry, hatred, or physical harm against any group or individual;
• solicit passwords or personal identifying information for commercial or unlawful purposes;
• use another member's account, share an account, or maintain more than one account; or
• create another account if we have already terminated yours, unless we permit it.

FamilyApp reserves the right to investigate and terminate your account, without refund, if you have violated this Agreement or behaved in a way FamilyApp regards as inappropriate or unlawful.

Of Others' Content

Although FamilyApp reserves the right to review and remove Content that violates this Agreement, Content is the sole responsibility of the member who posts it, and we cannot guarantee that all Content will comply. If you see Content that violates this Agreement, please report it within the Service or via our contact page.

Of Purchases

Generally

FamilyApp may, from time to time, offer products and services for purchase ("in-app purchases") via iTunes, Google Play, carrier billing, FamilyApp direct billing, or other authorised platforms. Upon purchase you will be prompted to confirm with the applicable payment provider, and your method of payment will be charged accordingly, plus applicable taxes.

Auto-renewal; automatic card payment

Subscriptions auto-renew until cancelled. When you subscribe, your Payment Method will be billed monthly in advance within 24 hours of the initial purchase, at the price agreed. Card information will be stored and subsequently used for automatic payments under this Agreement.

After each payment you will receive a receipt by email. Objections to a payment already made should be directed to Customer Support (if billed by FamilyApp) or to the third-party account (iTunes, etc.), or to your bank or payment provider.

You may unconditionally withdraw consent to automatic card payments any time via Settings or the relevant third-party account, though outstanding amounts remain due.

To change or terminate a subscription, log in to the third-party account (or Account Settings) and follow the instructions — even if you have deleted your account or the app. Deleting your account or app does not cancel your subscription.

To request a refund

If you subscribed via Apple ID, refunds are handled by Apple, not FamilyApp. Go to iTunes, select your Apple ID, choose "Purchase history", find the transaction, and hit "Report Problem", or submit a request at getsupport.apple.com. Alternatively, you may use the standard cancellation form (Annex 1), though this is not required.

Of Copyright & Claims

If you believe your work has been copied and posted on the Service in a way constituting copyright infringement, please provide our Copyright Agent with the following:

• an electronic or physical signature of the person authorised to act on behalf of the owner;
• a description of the copyrighted work you claim has been infringed;
• a description of where the allegedly infringing material is located on the Service, sufficient to enable us to find it;
• your contact information — address, telephone, email;
• a written statement of your good-faith belief that the disputed use is not authorised by the owner, agent, or law; and
• a statement, under penalty of perjury, that the information above is accurate and that you are the owner, or authorised to act on the owner's behalf.

Notices should be provided to our Copyright Agent via email to our support team. FamilyApp will terminate the accounts of repeat infringers.

Of Disclaimers

FamilyApp provides the Service "as is" and "as available" and, to the extent permitted by applicable law, grants no warranties of any kind, express, implied, statutory, or otherwise, including, without limitation, implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. FamilyApp does not represent that (a) the Service will be uninterrupted, secure, or error-free; (b) defects will be corrected; or (c) content or information obtained through the Service will be accurate.

FamilyApp takes no responsibility for Content posted, sent, or received by any member or third party. Any material obtained through the Service is accessed at your own discretion and risk.

Of Third Parties

The Service may contain advertisements, promotions, and links offered by third parties. FamilyApp is not responsible for the availability (or absence) of such external sites or resources. Where you choose to interact with a third party, their terms govern the relationship; FamilyApp is not liable for them.

Of Limitation of Liability

To the fullest extent permitted by law, in no event will FamilyApp, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses arising from (i) your access to or inability to access the Service; (ii) the conduct or content of other members or third parties; or (iii) unauthorised access to or alteration of your Content — even if FamilyApp has been advised of the possibility of such damages. FamilyApp's aggregate liability for all claims relating to the Service will not exceed the amount paid, if any, by you to FamilyApp while you had an account.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of these exclusions may not apply to you.

Of Disputes — Arbitration & Waivers

Except for members residing within the European Union or European Economic Area, and elsewhere where prohibited by applicable law:

1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement or the Service shall be binding arbitration, administered by the American Arbitration Association under the Consumer Arbitration Rules. The sole exception is that you retain the right to bring an individual claim in small-claims court of competent jurisdiction. Whether arbitration or small-claims, you may not bring any class action, class arbitration, or other representative proceeding.
2. By using the Service, you agree to the arbitration provision above. You give up your right to go to court to assert or defend claims. You also give up the right to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
3. Proceedings to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. Should this arbitration agreement be held unenforceable, any litigation (except small-claims) may be commenced only in federal or state courts in Dallas County, Texas.
4. This Agreement, and any dispute between you and the Company, shall be governed by the laws of Texas (excluding conflict-of-laws rules); the arbitration agreement shall be governed by the Federal Arbitration Act.
5. The European Commission's online dispute-resolution platform is available at ec.europa.eu/odr. FamilyApp does not participate in consumer-arbitration procedures for members residing in the EU or EEA.

Of Governing Law

For members in the EU, EEA, or elsewhere where our arbitration agreement is prohibited, the laws of Texas, U.S.A. (excluding conflict-of-laws rules) will govern disputes relating to this Agreement or the Service. The arbitration agreement in Article XV remains governed by the Federal Arbitration Act. The choice of Texas law shall not supersede any mandatory consumer-protection legislation in such jurisdictions.

Of Venue

Except for members in the EU or EEA (who may bring claims in their country of residence in accordance with applicable law), and except for claims that may properly be brought in a small-claims court of competent jurisdiction in the county in which you reside or in Dallas County, Texas, all claims arising out of or relating to this Agreement that are not submitted to arbitration will be litigated exclusively in the federal or state courts of Dallas County, Texas, U.S.A. You and FamilyApp consent to the personal jurisdiction of those courts and waive any claim of inconvenient forum.

Of Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless FamilyApp, its affiliates, and their respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses — including attorney's fees — arising from or relating to your access to or use of the Service, your Content, or your breach of this Agreement.

Of the Whole Agreement

This Agreement, together with the Privacy Policy, the Safety Tips, and any terms disclosed and agreed to upon purchase of optional features, contains the entire agreement between you and FamilyApp concerning use of the Service. If any provision is held invalid, the remainder continues in full force. The failure of the Company to exercise any right or provision is not a waiver of it. Your account is non-transferable; all rights terminate upon your death. No agency, partnership, joint venture, fiduciary, or other special relationship is created by this Agreement, and you may not make representations on behalf of, or bind, FamilyApp in any manner.