Terms of Use
To-Be-Determined
Operated by Curiosity Bit LLC
Effective Date: April 5, 2026
Last Updated: April 5, 2026
IMPORTANT NOTICE — PLEASE READ CAREFULLY
These Terms contain a binding arbitration clause and class action waiver (Section 19) that affect your legal rights. By using To-Be-Determined, you agree to resolve disputes through individual arbitration rather than in court, and you waive any right to participate in class actions. You may opt out of arbitration within 30 days of accepting these Terms (see Section 19.5).
1. Agreement to Terms
Welcome to To-Be-Determined, operated by Curiosity Bit LLC ("Company," "we," "us," or "our"). These Terms of Use ("Terms") are a legally binding agreement between you ("User," "you," or "your") and Curiosity Bit LLC governing your access to and use of the To-Be-Determined mobile application (the "App" or "Service").
By downloading, installing, or using To-Be-Determined, you confirm that you:
- Are at least 18 years of age, or the age of legal majority in your jurisdiction.
- Have read, understood, and agree to be bound by these Terms.
- Have reviewed our Privacy Policy, which is incorporated into these Terms by reference.
- Understand and acknowledge the arbitration clause and class action waiver in Section 19.
- Understand and acknowledge the disclaimers and limitation of liability in Sections 8, 13, 14, and 15.
If you do not agree to these Terms, do not use the App.
2. Description of the App
To-Be-Determined is a personal record-keeping, caregiving coordination, and parental wellness application that allows parents and designated caregivers to:
- Log everyday caregiving activities — feeding, diaper changes, sleep, pumping, and activities — for one or more baby profiles.
- Record growth measurements and keep personal notes about medical visits, vaccines, and illnesses for your own reference.
- Store and revisit photo memories ("Moments").
- Reflect on parental wellness through mood and daily win check-ins.
- Share access with trusted caregivers through a role-based invitation system.
- View patterns and trends through simple data displays.
What To-Be-Determined Is NOT
To-Be-Determined is a personal logging tool. It is not any of the following:
- A medical device, medical software, clinical service, or healthcare provider.
- A diagnostic tool — it does not analyse, interpret, or draw conclusions from your data.
- A substitute for professional medical advice, diagnosis, or treatment.
- A mental health assessment or screening tool — the mood and wellness features are simple self-reflection check-ins, not clinical instruments.
- A guaranteed or reliable data storage or backup service — see Section 13 for important disclaimers.
The charts, summaries, and pattern displays in the App are simple visual representations of the data you have entered. They do not constitute medical analysis, clinical assessment, or professional advice of any kind.
3. Eligibility
3.1 Age Requirement
You must be at least 18 years of age (or the applicable age of majority in your country) to create an account and use To-Be-Determined. By using the App, you represent and warrant that you meet this requirement.
3.2 Parental and Guardian Use
To-Be-Determined is intended for use by parents, legal guardians, and authorized caregivers logging everyday caregiving information about infants and young children. You represent that you have lawful authority to input any personal information about a child into the App.
3.3 Geographic Availability
The App is available in jurisdictions where it is legally permitted. We make no representation that the App is appropriate or available for use in all locations.
4. Account Registration and Security
4.1 Account Creation
To use To-Be-Determined, you must create an account using a valid email address and a password of your choosing. You may also provide a display name.
4.2 Account Accuracy
You agree to provide accurate, complete, and up-to-date information. Providing false information is a violation of these Terms.
4.3 Account Security
You are solely responsible for:
- Maintaining the confidentiality of your login credentials.
- All activity that occurs under your account, whether or not authorized by you.
- Immediately notifying us of any unauthorized use of your account.
- Using a strong, unique password and enabling any available security features.
We are not liable for any loss or damage resulting from unauthorized access to your account due to your failure to keep your credentials secure, your use of weak passwords, or your failure to promptly report unauthorized access.
4.4 One Account Per Person
You may not create multiple accounts to circumvent restrictions, access features you are not entitled to, or for any other unauthorized purpose.
4.5 Data Backup and Export Responsibility
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ALL DATA YOU ENTER INTO LITTLECOO.
To-Be-Determined stores your data on cloud infrastructure operated by third-party providers (see Section 12). While we implement reasonable security measures, cloud infrastructure can and does experience failures, outages, corruption, and data loss.
Company provides a data export feature within the App (Settings > Export Data). Company strongly recommends that you export and back up your data regularly — at minimum once per month. In the event of data loss, corruption, or deletion from any cause, Company is not responsible for restoring, recovering, or replacing lost data. Your sole remedy is to restore data from your own backup copies.
By using the App, you acknowledge that you understand and accept the risk of data loss and the importance of maintaining your own backups.
5. Caregiver Sharing and Collaboration
5.1 Inviting Caregivers
As an account owner or parent-level user, you may invite other users to access your baby's records by providing their email address. You are responsible for:
- Only inviting individuals you trust with personal information about your child.
- Ensuring the email address you provide belongs to the intended recipient.
- Revoking caregiver access promptly when it is no longer appropriate.
5.2 Caregiver Roles
Invited caregivers are granted one of three permission levels:
| Role | Capabilities |
|---|---|
| Owner | Full access, including inviting and removing caregivers, and deleting baby profiles. |
| Parent | Can add, edit, and delete all records. Cannot manage caregivers. |
| Caregiver | Can view all records and add their own. Cannot delete records or manage caregivers. |
5.3 Shared Data Responsibility
When you share access to your baby's profile:
- All invited caregivers are bound by these Terms of Use.
- You remain the primary responsible party for the data in your account.
- We are not liable for misuse of data by caregivers you have invited.
- You are solely responsible for the consequences of sharing access with any caregiver, including any data exposure, misuse, or harm arising from such sharing.
5.4 Revoking Access
You may remove a caregiver's access at any time through the app's caregiver management settings. Removal takes effect immediately. You are responsible for revoking access promptly when a caregiver should no longer have access.
6. Acceptable Use
6.1 Permitted Uses
You may use To-Be-Determined solely for lawful, personal caregiving and wellness tracking purposes consistent with the App's intended functionality.
6.2 Prohibited Conduct
You agree not to:
- Misrepresent identity — Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Harm children — Use the App in any way that endangers, exploits, or harms children.
- Unauthorized access — Attempt to gain unauthorized access to other users' accounts, data, or our infrastructure.
- Reverse engineer — Decompile, disassemble, reverse engineer, or attempt to derive source code from the App.
- Distribute malware — Introduce viruses, trojans, worms, or other malicious code.
- Violate laws — Use the App in violation of any applicable local, state, national, or international law or regulation.
- Spam or harassment — Use the invitation system to spam or harass others.
- Commercial exploitation — Resell, sublicense, or commercially exploit the App or its content.
- Circumvent security — Bypass, disable, or interfere with security features of the App.
- Scrape or harvest data — Use automated tools to scrape, collect, or harvest data from the App.
- Benchmark or test — Use the App for benchmarking, competitive analysis, or performance testing without our prior written consent.
Violations of this section may result in immediate account termination without notice.
7. User Content
7.1 Ownership of Your Data
You retain full ownership of all records, notes, and photos you upload to To-Be-Determined ("User Content"). We do not claim any ownership rights in your User Content.
7.2 License to Us
By uploading or submitting User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to store, process, and display your User Content solely as necessary to provide the App's services to you and any caregivers you authorize. This license is used only to operate the App on your behalf and terminates when you delete your data or account.
7.3 Your Responsibility for Content
You are solely responsible for all User Content you submit. You represent and warrant that:
- You have all necessary rights to submit the content.
- Your content does not violate these Terms, any law, or any third-party rights.
- Photos and notes submitted are accurate to the best of your knowledge.
- You have obtained all necessary consents for any personal information about third parties (including your child's other parent or caregivers) that you enter into the App.
7.4 Content Removal
We reserve the right (but are not obligated) to remove any User Content that violates these Terms or applicable law, without prior notice to you.
8. Not Medical Advice — Important Disclaimer
LITTLECOO IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THIS IS A PERSONAL RECORD-KEEPING APPLICATION ONLY.
To-Be-Determined is a personal logging tool that stores the information you enter exactly as you provide it. It does not analyse, interpret, validate, or act on your data. The App does not generate any diagnostic conclusions, health assessments, or clinical recommendations.
8.1 No Reliance on App Data for Medical Decisions
- Do not delay seeking medical care based on information in the App.
- Do not make healthcare decisions based solely on data displayed in the App without independent verification from a licensed healthcare professional.
- Always consult a qualified healthcare professional for questions about your baby's health, development, nutrition, medication, or any medical condition.
8.2 Data Accuracy Depends Entirely on You
- All data in the App is entered by you and depends entirely on your input accuracy.
- Company does not verify, validate, audit, or confirm the accuracy of any data you enter.
- Data may contain errors, typos, rounding discrepancies, timezone inconsistencies, or other inaccuracies.
- Growth charts and pattern displays are simple data visualizations of your own entries — they are not clinical assessments and should not be interpreted as such.
- The mood and daily wins features are personal self-reflection tools — they are not mental health screenings or assessments.
8.3 Medical Reference Notes
Medical reference notes (doctor visits, vaccines, illnesses, medications) are stored for your personal convenience and are not validated or reviewed by any healthcare professional. You must independently verify all medical information with your pediatrician or healthcare provider.
8.4 Assumption of Risk
You expressly acknowledge and agree that any reliance on data displayed in the App for healthcare, medical, nutritional, or developmental decisions is at your sole risk. Company is not responsible for any health outcomes, medical complications, or adverse consequences arising from your reliance on App data without independent professional verification.
We are not liable for any health outcomes resulting from reliance on the App's data or features, including but not limited to incorrect medication timing, missed medical appointments, inaccurate feeding amounts, or developmental milestone tracking.
9. Subscriptions and Billing
9.1 Free and Premium Features
To-Be-Determined may offer a free tier and one or more premium subscription tiers with additional features. The specific features included in each tier will be described within the App at the time of purchase.
9.2 Subscription Processing
All subscriptions are processed through Apple's In-App Purchase system. By subscribing, you also agree to Apple's Terms of Service and payment policies. We do not collect or store your payment information directly.
9.3 Billing and Renewal
- Subscriptions are billed on a recurring basis (e.g., annually) as disclosed at the time of purchase.
- Your subscription will automatically renew unless you cancel it at least 24 hours before the end of the current subscription period.
- You can manage and cancel your subscription through your Apple ID account settings.
9.4 Refunds
All purchases are subject to Apple's refund policy. We do not control Apple's refund decisions. To request a refund, visit Apple's Report a Problem page.
9.5 Price Changes
We reserve the right to change subscription prices. We will provide at least 30 days' advance notice of any price change within the App or via email before the change takes effect. For users in the EU and UK, we will obtain your affirmative acknowledgment before any price increase is applied to your subscription. For all users, Apple's subscription management system will prompt you to review and accept any pricing changes before your next renewal. If you do not agree with a price change, you may cancel your subscription before the new price takes effect.
10. Intellectual Property
10.1 Our Intellectual Property
All intellectual property in To-Be-Determined — including but not limited to the App's code, design, graphics, user interface, logos, text, and features — is owned by or licensed to Curiosity Bit LLC and is protected by copyright, trademark, and other applicable laws.
10.2 Restrictions
You may not:
- Copy, modify, or create derivative works of any part of the App.
- Use our name, logo, or branding without prior written consent.
- Remove or alter any copyright, trademark, or proprietary notices.
10.3 Feedback
If you provide feedback, suggestions, or ideas about the App ("Feedback"), you grant us a perpetual, irrevocable, royalty-free license to use and incorporate your Feedback into our products and services without compensation to you.
10.4 Third-Party Content and Licenses
Certain content within the App — including but not limited to audio recordings, sound effects, and background music used in the wellness features (such as the Deep Reset and Box Breathing sections) — is sourced from third parties under their respective licenses. This third-party content is integrated into the App for your personal use as part of the Service and remains subject to the terms of its original license.
You may not extract, download, copy, redistribute, sublicense, or use any third-party content from the App independently or outside of the App, unless expressly permitted by the applicable third-party license. Attribution for third-party content is provided within the App (e.g., in the Credits or About section).
11. Privacy
Your use of To-Be-Determined is also governed by our Privacy Policy, which describes how we collect, use, and share your information. The Privacy Policy is incorporated into these Terms by reference. By using the App, you consent to the data practices described in our Privacy Policy.
12. Third-Party Services and Infrastructure
12.1 Third-Party Service Providers
The App integrates with and relies upon certain third-party services, including:
- Supabase — for cloud data storage, database hosting, authentication, and file storage.
- Apple App Store — for distribution and payment processing.
- Amazon Web Services (AWS) — as the underlying infrastructure provider for Supabase.
- Google Cloud Text-to-Speech — used during development to generate guided meditation audio content included in the App's wellness features. Google Cloud services are not called during runtime App operation; the generated audio is embedded in the App as a static asset.
12.2 Third-Party Terms
Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices, content, conduct, availability, or security of any third-party service.
12.3 Third-Party Infrastructure Risks
You acknowledge that To-Be-Determined relies on third-party cloud infrastructure that Company does not own, operate, or control. These third-party providers may experience service interruptions, outages, data loss, security breaches, or other failures that are beyond Company's reasonable control.
Company shall not be liable for any interruption, delay, failure, data loss, data corruption, or security breach arising from or related to the acts, omissions, or failures of third-party infrastructure providers, including but not limited to Supabase, AWS, Apple, or any internet service provider.
In the event of a third-party infrastructure failure affecting your data, Company's sole obligation is to make commercially reasonable efforts to restore Service access once the third-party provider's systems are restored. Company has no obligation to recover, restore, or replace data lost due to third-party infrastructure failures.
13. Disclaimers
13.1 "As Is" and "As Available" Basis
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR UNINTERRUPTED AVAILABILITY.
13.2 Not a Medical Device or Medical Advice
LITTLECOO IS NOT A MEDICAL DEVICE, MEDICAL SOFTWARE, DIAGNOSTIC TOOL, OR MEDICAL ADVICE PLATFORM. It does not diagnose, treat, prevent, cure, or monitor any medical condition. To-Be-Determined should never be used as a substitute for professional medical advice, diagnosis, or treatment. Users must not rely on To-Be-Determined data for healthcare decisions without independent verification from licensed healthcare providers (pediatricians, nurses, doctors). Any reliance on To-Be-Determined data for medical or health decisions is at the User's sole risk.
13.3 Data Accuracy and Input Responsibility
All health, medical, and caregiving information in To-Be-Determined depends entirely on User input. Company does not verify, audit, validate, or confirm the accuracy of any data entered by User. Data may contain errors, typos, calculation discrepancies, timezone mismatches, rounding errors, or other inaccuracies. Company makes no representation or warranty that data displayed in the App is accurate, complete, current, or correct. Users are solely responsible for the accuracy of all data they enter and must independently verify critical information — including medications, dosages, feeding amounts, appointment times, and growth measurements — with healthcare providers.
13.4 Data Permanence, Loss, and Recovery
COMPANY MAKES NO WARRANTY THAT DATA WILL BE PERMANENTLY PRESERVED, RECOVERABLE IF LOST, OR CONTINUOUSLY ACCESSIBLE. Cloud infrastructure can and does experience outages, failures, corruption, and complete data loss. Company is not responsible for restoring, recovering, or replacing lost data under any circumstances.
Specific scenarios where data may be lost without possibility of recovery include but are not limited to:
- Database infrastructure failure, corruption, or catastrophic loss
- Third-party cloud provider (Supabase, AWS) outage, failure, compromise, or discontinuation of service
- User accidentally deleting their account, baby profiles, or records without prior backup
- App updates, device upgrades, operating system changes, or device transfers corrupting or deleting local or cloud data
- Software bugs, technical errors, or defects in the App causing data loss or corruption
- User account compromise or unauthorized access leading to data modification or deletion
- Company discontinuation of the App or Service
- Force majeure events (see Section 21)
IN ALL CASES ABOVE, COMPANY'S LIABILITY FOR DATA LOSS IS STRICTLY LIMITED AS SET FORTH IN SECTION 15. COMPANY WILL NOT RECOVER, RESTORE, OR REPLACE LOST DATA.
You are solely responsible for maintaining backup copies of all data using the export feature provided within the App. Company recommends exporting your data at least monthly.
13.5 No Guarantee of Accuracy or Error-Free Operation
While we strive to ensure the App functions correctly, we do not guarantee that:
- Data you enter will be stored, displayed, or calculated free from errors.
- App features will always be available without interruption.
- Charts, summaries, patterns, calculations, or data displays will be error-free or accurate.
- The App will be compatible with all devices, operating systems, or future software updates.
- The App will be free from bugs, defects, or vulnerabilities.
You are responsible for verifying the accuracy of any information you rely on from the App.
13.6 No Medical, Diagnostic, or Health Guarantee
We expressly disclaim any guarantee that the App's features will identify, diagnose, predict, or assess any health condition, developmental outcome, or mental health status. The App does not perform any medical, clinical, or diagnostic function. Features that display growth data, feeding patterns, sleep trends, or developmental milestones are simple data visualizations, not clinical assessments.
13.7 Beta and Experimental Features
Certain features may be designated as "Beta," "Experimental," or "Preview." Such features are provided as-is without any warranty, may contain bugs or errors, may be modified or discontinued without notice, and are used at your sole risk. Company has no liability for failures, data loss, or errors arising from beta or experimental features.
14. Assumption of Risk
By using To-Be-Determined, you expressly acknowledge and assume the following risks:
- Data Loss Risk: Your data may be permanently lost due to system failures, infrastructure outages, bugs, or other causes, and Company may be unable to recover it.
- Data Accuracy Risk: Data displayed in the App may contain errors or inaccuracies, and you should not rely on it without independent verification.
- Health Decision Risk: Any decisions you make based on data in the App are at your sole risk, and Company is not liable for adverse health outcomes.
- Security Risk: Despite reasonable security measures, your data may be accessed, disclosed, or compromised by unauthorized parties.
- Third-Party Risk: Third-party service providers may fail, be compromised, or discontinue services, affecting your data and access.
15. Limitation of Liability
15.1 Exclusion of Consequential and Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CURIOSITY BIT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF DATA, LOSS OF RECORDS, LOSS OF PHOTOS, OR LOSS OF ANY USER CONTENT
- LOSS OF PROFITS, REVENUE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- EMOTIONAL DISTRESS, PAIN AND SUFFERING, OR MENTAL ANGUISH
- MEDICAL COMPLICATIONS, HEALTH OUTCOMES, OR ADVERSE HEALTH CONSEQUENCES
- REPUTATIONAL HARM OR BUSINESS INTERRUPTION
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO, ALTERATION OF, OR LOSS OF YOUR DATA
- DAMAGES ARISING FROM THIRD-PARTY INFRASTRUCTURE FAILURES (INCLUDING SUPABASE, AWS, OR APPLE)
- ANY MATTER BEYOND OUR REASONABLE CONTROL
THESE EXCLUSIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Data Loss Liability — Special Limitation
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, COMPANY'S LIABILITY FOR DATA LOSS, CORRUPTION, OR DELETION FROM ANY CAUSE IS STRICTLY LIMITED AS FOLLOWS:
- For data loss caused by User error (including accidental account deletion, failure to maintain backups, device loss, or credential compromise): $0 (no liability).
- For data loss caused by App malfunction or bug not attributable to Company's gross negligence: Limited to reactivation of a replacement account with no data. Company will not restore, recover, or replace lost data.
- For data loss caused by third-party infrastructure failure (Supabase, AWS, Apple, or other providers): Limited to Company's reasonable costs of notifying affected Users, not to exceed $50.
COMPANY WILL NOT RECOVER, RESTORE, OR REPLACE LOST DATA UNDER ANY CIRCUMSTANCE. USER'S SOLE REMEDY FOR DATA LOSS IS TO RESTORE DATA FROM USER'S OWN BACKUP COPIES.
15.3 General Liability Cap
EXCEPT FOR THE CARVE-OUTS IN SECTION 15.4, THE TOTAL CUMULATIVE LIABILITY OF CURIOSITY BIT LLC FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF:
(A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
(B) TWO HUNDRED U.S. DOLLARS ($200.00).
15.4 Carve-Outs — When the Liability Cap Does Not Apply
The liability cap in Section 15.3 does not apply to:
(a) Claims arising from Company's gross negligence, willful misconduct, or reckless disregard for User's rights.
(b) Statutory damages imposed by applicable law under GDPR, CCPA/CPRA, or other mandatory privacy or consumer protection regulations, which cannot be contractually limited.
(c) Regulatory enforcement actions brought by government agencies (including but not limited to the FTC, state attorneys general, GDPR supervisory authorities, or CCPA enforcement agencies).
(d) Company's intentional breach of confidentiality or unauthorized disclosure or sale of User's personal data.
(e) Company's infringement of User's intellectual property rights.
(f) Claims where applicable law prohibits the limitation of liability.
15.5 Reasonableness of Liability Cap
You acknowledge and agree that this liability cap is reasonable because: (1) the Service is offered at a low cost or free of charge; (2) Users can mitigate the risk of data loss by maintaining backup copies of their data using the export feature; (3) the expected damages for a typical service failure are substantially less than the liability cap amount; (4) Company has limited control over third-party infrastructure providers; and (5) this cap is necessary to maintain the Service's affordability and continued availability.
15.6 Sole Remedy
IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP AND DELETE YOUR ACCOUNT.
15.7 Jurisdictional Variations
IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
16. Indemnification
16.1 Your Indemnification Obligations
You agree to indemnify, defend (with counsel reasonably acceptable to Company), and hold harmless Curiosity Bit LLC and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable legal fees and costs) arising out of or related to:
(a) Your use of or inability to use the App in violation of these Terms.
(b) Your User Content or data entered into the App.
(c) Your violation of these Terms or any applicable law or regulation.
(d) Your violation of any rights of another person or entity, including intellectual property rights and privacy rights.
(e) Your negligent or willful granting of caregiver access to an inappropriate or unauthorized person, or your failure to revoke caregiver access in a timely manner after becoming aware of misuse or changed circumstances.
(f) Any claim by a third party arising from your reliance on data in the App for healthcare, medical, or safety decisions.
16.2 Limitations on Indemnification
This indemnification obligation does not apply to claims arising solely from:
(a) Company's gross negligence, willful misconduct, or reckless disregard for User's rights.
(b) Company's material breach of these Terms or applicable law.
(c) Company's intentional misuse or unauthorized disclosure of User's personal data in violation of the Privacy Policy.
17. Termination
17.1 Termination by You
You may stop using the App and delete your account at any time. Upon initiating account deletion, you will have 30 days to export your data using the App's "Export Data" feature before your data is permanently removed. After this 30-day period, your data will be permanently and irreversibly deleted. Company cannot recover deleted data after this period.
17.2 Termination by Us
We reserve the right to suspend or terminate your account, with or without notice, if:
- You violate these Terms or our Acceptable Use policy.
- We are required to do so by law or regulatory order.
- We discontinue the App or Service.
- Your account has been inactive for more than 24 consecutive months.
17.3 Effect of Termination
Upon termination:
- Your right to access the App immediately ceases.
- Your data will be handled in accordance with our Privacy Policy.
- You remain responsible for exporting your data before termination takes effect.
- The following sections survive termination: Sections 7 (User Content), 8 (Not Medical Advice), 10 (Intellectual Property), 13 (Disclaimers), 14 (Assumption of Risk), 15 (Limitation of Liability), 16 (Indemnification), 19 (Governing Law and Dispute Resolution), and 20 (General Provisions).
18. Modifications to the App and Terms
18.1 App Changes
We reserve the right to modify, update, suspend, or discontinue any feature of the App or the entire App at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the App or any feature.
18.2 Changes to Terms
We may update these Terms from time to time. When we make material changes — meaning changes that increase your costs, decrease your rights, change how your data is used or shared, or materially restrict functionality — we will:
- Update the "Last Updated" date at the top of this document.
- Notify you via in-app notice or email at the address associated with your account.
- Provide at least 15 days' notice before material changes take effect.
Your continued use of the App after the updated Terms take effect constitutes your acceptance of the new Terms. If you do not agree to any updated Terms, you must stop using the App and delete your account before the effective date.
Non-material changes (bug fixes, security updates, clarifications, formatting improvements) may be made without advance notice.
19. Governing Law and Dispute Resolution
19.1 Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. However, for Users located in the European Union or United Kingdom, mandatory local consumer protection laws apply regardless of this governing law clause, and these Terms shall not deprive you of protections afforded by the laws of your country of residence.
19.2 Informal Resolution — Required First Step
Before initiating any formal legal action or arbitration, you agree to first contact us and attempt to resolve any dispute informally. You must provide written notice to contact@curiositybitllc.com describing your claim, including the specific relief sought and the factual basis for the claim. We will attempt to resolve the dispute within 60 days of receiving your notice. Many disputes can be resolved during this period without the cost and complexity of formal proceedings.
19.3 Binding Arbitration (U.S. Users)
IMPORTANT: PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
If informal resolution under Section 19.2 fails, you and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (including but not limited to breach of contract, warranty claims, negligence, tort, statutory claims, and any claims arising before or after the termination of these Terms) shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except for claims that qualify for small claims court in your county of residence.
Arbitration Procedures:
- Arbitration shall be conducted by a single arbitrator appointed by the AAA.
- The arbitration shall take place in your county of residence in California, or via remote/virtual hearing at your election.
- The arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations.
- The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
19.4 Arbitration Costs and Fees
Company shall pay all AAA filing fees, administrative fees, and arbitrator compensation for any claim where the amount in dispute is less than $10,000. For claims exceeding $10,000, AAA fee schedules apply, but Company will pay Company's share as required by AAA Consumer Arbitration Rules. If you prevail in arbitration, Company will also reimburse your reasonable AAA filing fees.
Each party is responsible for their own attorney's fees unless the arbitrator determines that applicable law requires otherwise. The AAA's Consumer Arbitration Rules, including fee schedules, are available at adr.org.
19.5 Opt-Out Right
YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT BY SENDING WRITTEN NOTICE TO contact@curiositybitllc.com WITH THE SUBJECT LINE "ARBITRATION OPT-OUT" WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS. Your opt-out notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of arbitration.
If you opt out of arbitration, all other provisions of these Terms remain in full force and effect, and any disputes will be resolved in the state or federal courts located in the State of California.
19.6 Class Action Waiver
YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Company agree otherwise in writing, the arbitrator may not consolidate or join more than one person's claims and may not preside over any form of class, consolidated, or representative proceeding.
If this class action waiver is found to be unenforceable with respect to a particular claim, then the entirety of this arbitration agreement (except for this sentence) shall be deemed void with respect to that claim only, and the claim shall proceed in court.
19.7 Exceptions to Arbitration
Notwithstanding the above arbitration agreement:
(a) Small Claims Court: Either party may bring qualifying claims in small claims court in the county where you reside, provided the claim remains in small claims court and is pursued on an individual basis.
(b) Injunctive and Equitable Relief: Either party may seek temporary restraining orders, preliminary injunctions, or other equitable relief in any court of competent jurisdiction (without the need for arbitration) to prevent irreparable harm, including for: (i) infringement of intellectual property rights; (ii) breach of confidentiality obligations; (iii) unauthorized access to systems or data; or (iv) misappropriation of trade secrets.
(c) Regulatory Enforcement: This arbitration agreement does not apply to enforcement actions brought by government agencies, including but not limited to the FTC, state attorneys general, GDPR supervisory authorities, or CCPA enforcement agencies. Such agencies may pursue enforcement in any forum at their sole discretion.
19.8 EU/UK/Swiss User Exception
Sections 19.3, 19.4, 19.5, and 19.6 do not apply to users located in the European Economic Area, the United Kingdom, or Switzerland. If you are located in one of these jurisdictions:
- You may bring claims before the competent courts of your country of residence.
- Nothing in these Terms limits your rights as a consumer under applicable mandatory consumer protection laws in your jurisdiction.
- EU users may access the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.
19.9 Statute of Limitations
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. Otherwise, the claim is permanently barred. This limitation applies regardless of whether the claim is brought in arbitration, small claims court, or any other forum.
This shortened limitations period does not apply where prohibited by applicable law, including for Users in the EU/UK where mandatory consumer protection laws provide longer periods.
19.10 Severability of Dispute Resolution Provisions
If any portion of this Section 19 is found to be unenforceable, the unenforceable portion shall be severed and the remaining portions shall remain in full force and effect. If the arbitration agreement as a whole is found unenforceable, disputes shall be resolved exclusively in the state or federal courts located in the State of California (or in the courts of the User's country of residence for EU/UK Users).
20. General Provisions
20.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Curiosity Bit LLC regarding your use of the App and supersede all prior agreements, understandings, and representations.
20.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will remain in full force and effect.
20.3 No Waiver
Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Company.
20.4 Assignment
We may assign these Terms or any of our rights and obligations under them without restriction, including in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations under these Terms without our prior written consent.
20.5 Relationship to Apple Terms
To-Be-Determined is distributed via Apple's App Store. Your use of the App is subject to both these Terms and Apple's Standard Terms and Conditions for App Store services. To the extent any conflict exists between these Terms and Apple's terms: Apple's terms govern App Store functionality (purchases, updates, app distribution), while these Terms govern To-Be-Determined's data usage, service features, and your relationship with Company. Apple is not a party to these Terms and has no obligation to provide maintenance or support for the App.
20.6 Notices
All notices under these Terms must be in writing. Company may provide notices to you via email at the address associated with your account or via in-app notification. You may provide notices to Company at the email address below.
20.7 Contact
For questions about these Terms, please contact us:
Curiosity Bit LLC — To-Be-Determined Support
Email: contact@curiositybitllc.com
Website: www.curiositybitllc.com
We aim to respond to all inquiries within 5 business days.
21. Force Majeure
Company shall not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from causes beyond Company's reasonable control, including but not limited to:
- Acts of God, natural disasters, earthquakes, floods, hurricanes, or other natural events
- Epidemics, pandemics, or public health emergencies
- War, terrorism, civil unrest, government sanctions, or trade restrictions
- Government actions, orders, or regulations
- Third-party infrastructure failures (including Supabase, AWS, Apple, or internet service providers)
- Cyberattacks, distributed denial-of-service attacks, or other malicious activity by third parties
- Power outages, telecommunications failures, or internet disruptions
- Labor disputes, strikes, or supply chain disruptions
During any force majeure event, Company's obligations are suspended for the duration of the event. Company will make commercially reasonable efforts to resume performance as soon as practicable after the event ends.
22. Service Availability and Uptime
Company strives to maintain high service availability but makes no guarantee of uptime, continuous availability, or uninterrupted access.
The Service may be temporarily or permanently unavailable due to:
- Planned maintenance and updates (Company will endeavor to provide advance notice where practicable)
- Third-party infrastructure issues (Supabase, AWS, Apple)
- Security incidents, emergency patches, or vulnerability remediation
- Force majeure events (see Section 21)
- Internet, network, or telecommunications issues beyond Company's control
- App Store review processes or distribution delays
Service interruptions, outages, maintenance windows, or degraded performance do not constitute a breach of these Terms and do not entitle Users to damages, refunds (except as provided by Apple's refund policies), or any other remedy beyond discontinuation of use.
Company is not liable for any damages, losses, or consequences resulting from service interruptions or outages, including but not limited to loss of data access, inability to log caregiving activities, or disruption of caregiver coordination.
These Terms of Use were last updated on April 5, 2026.