Terms of Service

1.1 Age Requirement. You must be at least 18 years of age to create an account and use the Service. The Service is designed for parents, caregivers, and guardians of children with developmental differences. Children do not directly interact with the Service.

1.2 Account Responsibility. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to provide accurate, current, and complete information during registration and to update such information as needed.

1.3 One Person Per Account. Each account is for a single individual. You may create profiles for up to five (5) children within your account as permitted by your subscription plan.

2.1 AI-Powered Guidance. The Service uses artificial intelligence to provide personalized parenting strategies based on the child profile information you provide. The quality and relevance of AI responses depend directly on the accuracy and completeness of the profile data you enter.

2.2 Features. Subject to your subscription plan, the Service may include: AI chat conversations, crisis mode de-escalation guidance, a strategy library and playbook, conversation history, and child profile management.

2.3 Evolving Service. We continuously improve the Service, including the AI models, features, user interface, and content. We reserve the right to modify, add, or remove features at any time with reasonable notice for material changes.

3.1 Not Medical Advice. The Service is for INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. KinTuned does NOT provide medical advice, diagnosis, treatment, therapy, or clinical services of any kind. The AI-generated content is not a substitute for professional medical or therapeutic advice, diagnosis, or treatment.

3.2 Not a Healthcare Provider. The Company is NOT a healthcare provider, licensed therapist, Board Certified Behavior Analyst (BCBA), medical practitioner, or clinical service. We do not employ or contract with licensed clinicians to deliver care through the Service.

3.3 Always Consult Professionals. You should ALWAYS consult your child's pediatrician, therapist, BCBA, or other qualified healthcare professional before implementing any strategy or making decisions about your child's care, treatment, medication, or educational plan. NEVER disregard professional medical advice or delay seeking it because of something you read or received through the Service.

3.4 Emergency Situations. The Service is NOT designed for medical, psychiatric, or safety emergencies. If your child is in immediate danger, call 911 or your local emergency services. If you or your child are experiencing a mental health crisis, contact the 988 Suicide and Crisis Lifeline (call or text 988) or go to your nearest emergency room.

3.5 Crisis Mode Limitations. The crisis mode feature provides general de-escalation guidance. It is NOT a substitute for emergency services, crisis intervention professionals, or your child's clinical care team. Use professional judgment and prioritize physical safety at all times.

3.6 No Medication Guidance. The Service will NEVER provide advice on medication dosing, medication changes, starting or stopping medication, or specific pharmaceutical recommendations. All medication-related decisions must be made with your child's prescribing physician.

3.7 Limitation of Liability for Health Outcomes. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY HEALTH, BEHAVIORAL, EMOTIONAL, OR DEVELOPMENTAL OUTCOME RESULTING FROM YOUR USE OF THE SERVICE OR IMPLEMENTATION OF ANY STRATEGY SUGGESTED BY THE AI.

3.8 Assumption of Risk. YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH IMPLEMENTING ANY STRATEGY, SUGGESTION, OR GUIDANCE OBTAINED THROUGH THE SERVICE. You understand that: (a) you are choosing to implement strategies at your own discretion and with your own judgment as a parent or caregiver; (b) the AI does not know your child personally and cannot account for all relevant circumstances, medical history, environmental factors, or real-time conditions; (c) strategies that are generally evidence-based may not be appropriate or safe for your specific child; and (d) you bear sole responsibility for evaluating whether any strategy is appropriate for your child before implementing it. The Company expressly disclaims any and all liability for outcomes resulting from your decision to implement or not implement any guidance provided through the Service.

4.2 Your Responsibility. You are solely responsible for evaluating the appropriateness of any strategy or suggestion provided by the Service before implementing it with your child. Use your parental judgment and consult with professionals when in doubt.

4.3 No Guarantee of Outcomes. We do not guarantee that any strategy, suggestion, or guidance provided by the AI will be effective for your child. Every child is unique, and what works for one child may not work for another.

4.4 Continuous Improvement. We actively work to improve the accuracy and quality of AI responses. This includes reviewing aggregated usage patterns, refining AI prompts, and incorporating evidence-based clinical frameworks. See Section 7 (Data Use and Rights) for details on how we use data to improve the Service.

5.1 Free Trial. New users receive a seven (7) day free trial with limited functionality (20 messages, 1 child profile). No payment information is required for the free trial unless you choose to subscribe.

5.2 Paid Plans. Subscription plans are billed monthly or annually as selected at checkout. Current pricing is listed on the Service website and is subject to change with thirty (30) days' advance notice to existing subscribers.

5.3 Billing. Payments are processed through Stripe, Inc., our third-party payment processor. By subscribing, you authorize recurring charges to your payment method. You are responsible for keeping your payment information current.

5.4 Cancellation. You may cancel your subscription at any time through your account settings or the Stripe billing portal. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for the remaining period.

5.5 No Refunds. The seven (7) day free trial is provided for you to evaluate the Service before committing to a paid subscription. All subscription payments are non-refundable. By subscribing after your trial period, you acknowledge that you have had sufficient opportunity to evaluate the Service.

6.1 Your Content. "User Content" means all information, text, data, and other content you provide to the Service, including child profile data, chat messages, saved strategies, notes, and crisis logs. You retain ownership of your User Content.

6.2 License Grant. By submitting User Content to the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, and create derivative works from your User Content for the purposes described in Section 7 (Data Use and Rights). This license survives termination of your account with respect to anonymized and aggregated data.

6.3 Accuracy of Information. You are responsible for the accuracy of the information you provide. Inaccurate child profile data will result in less relevant AI responses. The Company is not liable for guidance based on inaccurate user-provided information.

7.4 Aggregated Analytics. We collect and analyze aggregated, de-identified usage data to understand how the Service is used, measure feature adoption, track engagement metrics, and make business decisions. This data does not identify you or your child individually.

7.6 No Restrictions on Anonymized Data. Once data has been anonymized in accordance with Section 7.5, the Company may use such anonymized data without restriction, including for commercial purposes, research, product improvement, and publication. This right survives termination of your account.

7.7 Consent. By creating an account and using the Service, you provide explicit consent to the data uses described in this Section 7. This consent is a condition of using the Service.

7.8 Opt-Out. You may opt out of having your data used for research and publication purposes (Section 7.3) by contacting us at hello@kintuned.com. Please note that opting out of research and publication does NOT opt you out of product improvement and AI training (Section 7.2), which is necessary for the operation and improvement of the Service and is a core component of the license you grant in Section 6.2.

8.1 Company IP. The Service, including all software, AI models, prompts, knowledge base content, strategy cards, algorithms, user interface design, branding, and documentation, is the exclusive property of the Company or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws.

8.3 Strategy Library. Strategies you save and annotate in your strategy library are part of your User Content. You retain ownership of your notes, ratings, and annotations. The underlying strategy content generated by the AI remains subject to Section 8.2.

8.4 Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant the Company an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation to you.

9.1 Not a Covered Entity. Foundry NX LLC is NOT a "covered entity" or "business associate" as defined under the Health Insurance Portability and Accountability Act (HIPAA). The Service is a consumer wellness and informational product, not a healthcare service.

9.2 Not Protected Health Information. The information you provide to the Service (including child profile data) is User Content governed by these Terms and our Privacy Policy. It is NOT "protected health information" (PHI) as defined by HIPAA.

9.3 Security Measures. While we are not subject to HIPAA, we implement commercially reasonable security measures to protect your data, including encryption in transit and at rest, access controls, and regular security reviews. See our Privacy Policy for details.

10.1 Adults-Only Service. The Service is designed exclusively for use by adults aged 18 and older. Children of any age may NOT create accounts, access the Service directly, or interact with the AI. The Service is a tool for parents and caregivers, not for children.

10.2 Parental Consent for Child Data. By creating a child profile and providing information about your child through the Service, you represent and warrant that: (a) you are the parent or legal guardian of the child; (b) you have the legal authority to provide information about your child; (c) you consent to the collection, use, and processing of your child's information as described in these Terms and our Privacy Policy; and (d) you understand this information will be used to generate AI responses and, in anonymized and aggregated form, for the purposes described in Section 7.

10.3 COPPA Compliance. We comply with the Children's Online Privacy Protection Act (COPPA). We do not knowingly collect personal information directly from children under 13. All information about children is provided by and through their parent or legal guardian. We do not contact children directly, do not allow children to use the Service, and do not create accounts for children. If we learn that personal information has been submitted by or collected from a child under 13 without verifiable parental consent, we will promptly delete that information.

10.4 Parental Rights Over Child Data. As the parent or guardian who provided your child's information, you have the right at any time to: (a) review the information you provided about your child; (b) update or correct your child's profile information; (c) request deletion of your child's profile and associated data; and (d) withdraw consent for future collection or use of your child's information by deleting the child profile or your account. To exercise these rights, use the Service interface or contact hello@kintuned.com.

10.5 Data About Minors. You acknowledge that the information you provide about your child constitutes data about a minor. We treat this data with heightened care and apply the anonymization standards described in Section 7.5 and our Privacy Policy before any use beyond direct service delivery. We do not use identifiable child data for marketing, advertising, or any purpose unrelated to the Service.

11.1 Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.

11.2 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

11.3 Cap. THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11.4 Basis of the Bargain. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THESE TERMS AND REFLECT A FAIR ALLOCATION OF RISK. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

13.1 By You. You may terminate your account at any time through your account settings or by contacting hello@kintuned.com.

13.2 By Us. We may suspend or terminate your account under the following circumstances: (a) For cause with notice: If you violate these Terms or fail to make payment, we will provide you with at least seven (7) days' written notice via email and an opportunity to cure the violation before terminating your account. (b) Immediate suspension without prior notice: We may immediately suspend or terminate your account without advance notice if we reasonably determine that your use of the Service: (i) poses a safety risk to any person, including a child; (ii) involves fraudulent activity; (iii) involves abusive, threatening, or harassing behavior toward Company personnel or other users; or (iv) violates applicable law. In the event of immediate suspension, we will notify you promptly after the action is taken and provide an explanation.

13.3 Effect of Termination. Upon termination: (a) your access to the Service will cease; (b) your subscription will not renew; (c) you may request export of your User Content within thirty (30) days of termination by contacting hello@kintuned.com; (d) after 30 days, we may delete your account data; (e) our right to use anonymized and aggregated data as described in Section 7 survives termination; (f) Sections 3 (Medical Disclaimer), 6.2 (License Grant), 7 (Data Use and Rights), 8 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 16 (General Provisions) survive termination.

14.1 Force Majeure. The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the Company's reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war or terrorism, government actions or regulations, power outages, internet or telecommunications failures, failures of third-party service providers (including but not limited to AI providers, database providers, payment processors, and hosting platforms), cyberattacks, or labor disputes.

14.2 Service Availability. The Company does not guarantee uninterrupted, error-free, or continuous availability of the Service. The Service may be temporarily unavailable due to maintenance, updates, third-party outages, or circumstances described in Section 14.1. We will make commercially reasonable efforts to minimize downtime and provide advance notice of planned maintenance when feasible.

14.3 No Liability for Unavailability. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE UNAVAILABLE AT TIMES WHEN YOU NEED IT, INCLUDING DURING CRISIS SITUATIONS. You should always have alternative resources and plans in place and should never rely solely on the Service for emergency guidance or critical parenting decisions.

15.1 Notification Commitment. In the event of a data breach that compromises the security, confidentiality, or integrity of your personal information, we will notify affected users as promptly as reasonably possible and in accordance with applicable state and federal law.

15.2 Notification Method. We will provide breach notification via email to the address associated with your account and, where appropriate, via prominent notice on the Service. Notification will include: (a) a description of the nature of the breach; (b) the types of information potentially affected; (c) steps we are taking in response; and (d) steps you can take to protect yourself.

15.3 Cooperation. In the event of a breach, we will cooperate with applicable law enforcement and regulatory authorities as required by law.

16.1 Governing Law. These Terms are governed by the laws of the State of Arizona, without regard to conflict of law principles.

16.2 Dispute Resolution. Any dispute arising from these Terms shall first be attempted to be resolved through informal negotiation. If unresolved after thirty (30) days, disputes shall be resolved through binding arbitration in Maricopa County, Arizona, under the rules of the American Arbitration Association.

16.3 Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID, AND THE DISPUTE SHALL PROCEED IN COURT.

16.4 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

16.5 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.

16.6 Modifications. We may update these Terms at any time. Material changes will be communicated via email or in-app notification at least thirty (30) days before taking effect. Continued use after the effective date constitutes acceptance.

16.7 Contact. For questions about these Terms, contact us at hello@kintuned.com.