Terms of Service

Agreement to Terms

By downloading, installing, or using the RootWise mobile application ("App," "Service," or "RootWise"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

Description of Service

RootWise is a parenting support application that provides:

• Educational Content: Articles, guides, and resources for parenting support
• AI Chat Assistant: Personalized parenting advice and conversation support
• Scripts for Challenging Moments: Quick access to parenting strategies for challenging situations
• Self-Care Tools: Meditation, journaling, and daily affirmations for parents
• Child Profile Management: Age-appropriate content curation based on child development stages

Eligibility and Account Requirements

User Eligibility

• Age Requirement: You must be at least 18 years old to create an account
• Parental Authority: You must have legal authority to make decisions about the children in your care
• Accurate Information: You agree to provide accurate and current information during registration

Account Responsibilities

• Account Security: You are responsible for maintaining the confidentiality of your account credentials
• Authorized Use: You are responsible for all activities that occur under your account
• Account Termination: We reserve the right to terminate accounts that violate these Terms

Acceptable Use Policy

Permitted Uses

• Personal Use: Use the App for personal, non-commercial parenting support
• Educational Purpose: Access content for learning and child development guidance
• Community Standards: Engage respectfully with AI chat features and content

Prohibited Uses

• Illegal Activities: Using the App for any unlawful purpose or in violation of applicable laws
• Harmful Content: Creating, sharing, or soliciting harmful, abusive, or inappropriate content
• System Interference: Attempting to interfere with, disrupt, or hack the App's functionality
• Unauthorized Access: Attempting to access accounts, data, or systems without authorization
• Commercial Use: Using the App for commercial purposes without written permission
• False Information: Providing false or misleading information about yourself or your children

AI Chat Service Terms

Service Limitations

• Not Professional Advice: AI responses are for informational purposes only and do not constitute professional medical, psychological, or legal advice
• Supplement, Not Replace: The AI chat should supplement, not replace, professional consultation when needed
• Human Oversight: AI responses are generated by technology and may not always be accurate or appropriate

Emergency Situations

• Not for Emergencies: Do not use the AI chat for medical emergencies or crisis situations
• Seek Professional Help: In case of emergencies, contact local emergency services (911) or healthcare providers immediately
• Child Safety: If a child is in immediate danger, contact emergency services first

Usage Limits

• Rate Limiting: AI chat usage may be limited to prevent abuse and ensure service availability
• Content Monitoring: We may monitor AI interactions to improve service quality and ensure appropriate use

Crisis and Emergency Situations

Not for Emergencies

• No Emergency Services: RootWise is not designed for emergency situations or crisis intervention
• Immediate Danger: If a child is in immediate physical danger, contact emergency services (911) immediately
• Medical Emergencies: For medical emergencies, contact emergency services or poison control
• Mental Health Crises: For suicidal thoughts or severe mental health crises, contact crisis hotlines or emergency services

Crisis Resources

If you or someone you know is experiencing a crisis:

• National Suicide Prevention Lifeline: 988 (US)
• Crisis Text Line: Text HOME to 741741
• Emergency Services: 911 (US) or your local emergency number
• Child Abuse Hotline: 1-800-4-A-CHILD (1-800-422-4453)

Discontinuation Required

You must immediately stop using RootWise and seek professional help if:

• Suicidal Thoughts: You have thoughts of self-harm or suicide
• Child Safety: You believe a child is at risk of harm
• Severe Mental Health: You experience severe depression, anxiety, or other mental health symptoms
• Substance Abuse: You have concerns about substance abuse affecting parenting
• Domestic Violence: You are experiencing or perpetrating domestic violence

Professional Medical and Therapeutic Disclaimer

No Professional Services

• Not Medical Advice: RootWise does not provide medical, psychological, therapeutic, or mental health services
• No Professional Relationship: Your use of RootWise does not create any healthcare provider-patient, therapist-client, or professional consultation relationship
• Educational Content Only: All content, including AI responses, is for educational and informational purposes only
• No Diagnosis or Treatment: RootWise does not diagnose, treat, cure, or prevent any medical or psychological condition

Professional Consultation Required

• Seek Qualified Help: Always consult with qualified healthcare professionals, licensed therapists, or pediatricians for specific medical, psychological, or developmental concerns
• Individual Assessment: Every child and family situation is unique and requires individual professional assessment
• Emergency Situations: For medical emergencies, mental health crises, or immediate safety concerns, contact emergency services (911) or crisis hotlines immediately
• No Delay: Never disregard professional medical advice or delay seeking it because of information you received through RootWise

Parenting Support Limitations

• General Guidance: Our content provides general parenting support and educational information
• Not Substitute: RootWise is not a substitute for professional childcare, medical care, therapy, or emergency services
• Risk Assumption: You assume all risks and responsibilities for decisions made based on RootWise content
• Professional Backup: Maintain relationships with qualified professionals for ongoing child development and family support

Content and Intellectual Property

Our Content

• Proprietary Rights: All content, including articles, scripts, and educational materials, is owned by RootWise or licensed for use
• License to Use: We grant you a limited, non-exclusive, non-transferable license to access and use our content for personal use
• Restrictions: You may not copy, modify, distribute, or create derivative works from our content without permission

User-Generated Content and License

Your Content Rights and Responsibilities

• Your Ownership: You retain ownership of content you create (journal entries, profile information, chat messages)
• Content Standards: All user content must comply with our community standards and applicable laws
• Prohibited Content: You may not submit content that is illegal, harmful, defamatory, or violates others' rights
• Content Monitoring: We may review and moderate user content to ensure compliance with these Terms

License Grant to RootWise

You grant RootWise a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to:

• Use and Display: Use, reproduce, publicly display, and distribute your User Content
• Service Operation: Process your content to provide and improve our services
• Modification: Modify, adapt, or create derivative works from your content as necessary for service functionality
• Third-Party Services: Share your content with third-party service providers who assist in service delivery
• Duration: This license continues for as long as you use RootWise and for a reasonable period afterward for legal and operational purposes

Data Processing for AI Services

• AI Training: We may use anonymized and aggregated user interactions to improve our AI chat functionality
• No Personal Identification: AI training data will not include personal identifiers or sensitive personal information
• Opt-Out Available: You may opt out of having your data used for AI improvement in your privacy settings
• COPPA Compliance: Children's information is never used for AI training or service improvement

Digital Millennium Copyright Act (DMCA) Compliance

Copyright Infringement Claims

RootWise respects intellectual property rights and responds to valid copyright infringement claims under the Digital Millennium Copyright Act (DMCA).

Filing a DMCA Notice

To report copyright infringement, provide our DMCA agent with the following information:

• Signature: Physical or electronic signature of the copyright owner or authorized representative
• Identification: Clear identification of the copyrighted work claimed to be infringed
• Location: Identification of the infringing material and its location within RootWise
• Contact Information: Your name, address, telephone number, and email address
• Good Faith Statement: Statement that you have a good faith belief the use is not authorized
• Accuracy Statement: Statement under penalty of perjury that the information is accurate and you are authorized to act

DMCA Agent Contact

Counter-Notification Process

If you believe content was removed in error, you may file a counter-notification including:

• Your signature and contact information
• Identification of removed content and its former location
• Good faith statement that removal was due to mistake or misidentification
• Consent to jurisdiction in courts where you reside or where RootWise is located

Repeat Infringer Policy

• Account Termination: We will terminate accounts of users who repeatedly infringe copyrights
• Three-Strike Policy: Users may face account restrictions or termination after repeated violations
• Appeal Process: Users may appeal termination decisions through our support channels

Privacy and Data Protection

Privacy Policy Integration

• Incorporated by Reference: Our Privacy Policy is incorporated into these Terms by reference
• Data Collection: Your use of the App is subject to our Privacy Policy regarding data collection and use
• Children's Privacy: We are committed to COPPA compliance and protecting children's privacy

Data Security

• Security Measures: We implement appropriate technical and organizational measures to protect your data
• No Guarantee: While we strive to protect your information, no system is completely secure
• Breach Notification: We will notify you of any significant data breaches as required by law

Subscription and Payment Terms

Service Availability

• Current Model: RootWise is currently offered free of charge
• Future Changes: We reserve the right to introduce subscription models or paid features with advance notice
• Grandfathering: Existing users will receive advance notice of any changes to pricing structure

Future Billing Terms

• Subscription Fees: If subscription services are introduced, fees will be clearly disclosed
• Payment Processing: Payments will be processed through secure third-party payment processors
• Refund Policy: Refund policies will be clearly stated if paid services are introduced

Service Availability and Modifications

Service Availability

• Best Effort: We strive to maintain high service availability but cannot guarantee 100% uptime
• Maintenance: Scheduled maintenance may temporarily interrupt service availability
• Force Majeure: Service interruptions due to circumstances beyond our control are not our responsibility

Service Modifications

• Right to Modify: We reserve the right to modify, suspend, or discontinue any part of the Service
• Notice of Changes: Significant changes will be communicated through the App or via email
• Continued Use: Continued use after modifications constitutes acceptance of changes

Disclaimers and Limitations

Service Disclaimers

• "As Is" Basis: The Service is provided "as is" without warranties of any kind
• No Guarantees: We do not guarantee that the Service will meet your specific needs or expectations
• Third-Party Content: We are not responsible for the accuracy or reliability of third-party content

Parenting Advice Disclaimer

• Educational Only: All content is for educational and informational purposes only
• Professional Consultation: Always consult with qualified professionals for specific parenting concerns
• Individual Circumstances: Every child and family situation is unique; content may not apply to all situations

Comprehensive Limitation of Liability

Service Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• "As Is" Service: RootWise is provided "as is" and "as available" without warranties of any kind
• No Warranties: We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement
• No Guarantees: We do not guarantee the Service will meet your needs, be uninterrupted, secure, or error-free
• Third-Party Content: We are not responsible for the accuracy, reliability, or availability of third-party content or services

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROOTWISE SHALL NOT BE LIABLE FOR:

• Indirect Damages: Indirect, incidental, punitive, special, or consequential damages
• Lost Profits: Lost profits, revenue, data, or business opportunities
• Service Interruptions: Damages from service interruptions, delays, or failures
• User Content: Damages from user-generated content or interactions with other users
• Third-Party Actions: Damages from third-party actions or content
• Data Loss: Loss of data, content, or personal information

Liability Cap

• Maximum Liability: Our total liability will not exceed the greater of $100 or the amount you paid for RootWise services in the 12 months prior to the claim
• Per-Incident Cap: Liability for any single incident is limited to $100
• Aggregate Cap: Total aggregate liability across all claims is limited to $500

Exceptions

These limitations do not apply to:

• Gross Negligence: Our gross negligence, fraud, or willful misconduct
• Death or Personal Injury: Claims for death or personal injury caused by our negligence
• Legal Requirements: Liability that cannot be limited under applicable law

Time Limitation

• Claims Period: Any claim against RootWise must be filed within one (1) year of when the claim arose
• Discovery Rule: Claims period begins when you knew or should have known of the claim
• Statute of Limitations: This period may be shorter than applicable statutes of limitations

Indemnification

User Indemnification

• Hold Harmless: You agree to indemnify and hold harmless RootWise from claims arising from your use of the Service
• Violation of Terms: You are responsible for damages resulting from your violation of these Terms
• Unauthorized Use: You are liable for any unauthorized use of your account

Termination

Termination by You

• Account Deletion: You may delete your account at any time through the App settings
• Effect of Termination: Upon termination, your access to the Service will cease immediately
• Data Retention: We will handle your data according to our Privacy Policy after termination

Termination by Us

• Grounds for Termination: We may terminate your account for violation of these Terms or applicable laws
• Notice: We will provide reasonable notice before termination unless immediate action is required
• Effect of Termination: Terminated accounts lose all access to the Service and stored content

Survival

• Surviving Clauses: Provisions regarding intellectual property, indemnification, and limitations of liability survive termination

Dispute Resolution by Binding Arbitration

Agreement to Arbitrate

By using RootWise, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or your relationship with RootWise shall be resolved exclusively through binding arbitration rather than in court, except for claims that may be brought in small claims court.

Pre-Arbitration Resolution

Before initiating arbitration, you and RootWise agree to attempt to resolve disputes through good faith negotiations:

• Written Notice: The claiming party must send written notice describing the dispute and proposed resolution
• 90-Day Period: Both parties will attempt resolution for 90 days from receipt of notice
• Contact Information: Send notices to info@rootwise.app or to your email address on file
• Required Information: Include your name, contact information, description of dispute, and specific relief sought

Arbitration Procedures

• Arbitration Organization: Disputes will be resolved through American Arbitration Association
• Rules: Arbitration conducted under AAA Consumer Arbitration Rules
• Location: Arbitration held in Munich, Germany or conducted virtually by mutual agreement
• Single Arbitrator: Disputes decided by a single neutral arbitrator
• Final and Binding: Arbitrator's decision is final and binding on both parties

Class Action and Jury Trial Waiver

• Individual Claims Only: You agree to bring claims against RootWise only in your individual capacity
• No Class Actions: You waive your right to participate in class action lawsuits, collective actions, or representative proceedings
• No Jury Trial: You waive your right to trial by jury for all disputes covered by this arbitration clause
• No Consolidation: Claims may not be consolidated with claims of other users without consent

Exceptions to Arbitration

The following disputes are not subject to arbitration:

• Small Claims Court: Claims within the jurisdiction of small claims court
• Injunctive Relief: RootWise's claims for injunctive relief to protect intellectual property
• Emergency Relief: Requests for temporary restraining orders or preliminary injunctions

Severability

If any part of this arbitration clause is found unenforceable, the remainder will remain in effect. If the class action waiver is found unenforceable, the entire arbitration clause will be void and disputes will be resolved in court.

Governing Law

• Governing Law: These Terms are governed by the laws of Munich, Germany
• International Users: International users agree to the jurisdiction specified above

App Store and Platform Compliance

Apple App Store Terms

If you downloaded RootWise from the Apple App Store, the following additional terms apply:

• License: Your license is limited to a non-transferable license to use RootWise on Apple-branded products
• Apple Responsibilities: Apple is not responsible for RootWise's content, maintenance, or support
• Product Claims: Apple is not responsible for addressing claims related to RootWise
• Intellectual Property: Apple is not responsible for investigating IP infringement claims
• Third-Party Beneficiary: Apple is a third-party beneficiary of these Terms

Google Play Store Terms

If you downloaded RootWise from Google Play, you agree to comply with:

• Google Play Terms of Service
• Android compatibility requirements
• Google's content policies
• Payment processing terms

Third-Party Payment Processors

• Stripe/PayPal Terms: If we introduce paid features, payments will be processed by third-party services
• Payment Compliance: You agree to comply with payment processor terms and conditions
• Refund Policies: Refunds subject to payment processor policies and applicable law

General Provisions

Entire Agreement

• Complete Terms: These Terms, together with our Privacy Policy, constitute the entire agreement
• Superseding: These Terms supersede all prior agreements or understandings

Severability

• Invalid Provisions: If any provision is found invalid, the remaining provisions will remain in effect
• Modification: Invalid provisions will be modified to the minimum extent necessary to make them valid

Assignment

• Our Rights: We may assign these Terms in connection with a merger, acquisition, or sale of assets
• Your Rights: You may not assign your rights or obligations without our written consent

Updates to Terms

• Modification Rights: We reserve the right to modify these Terms at any time
• Notice of Changes: Material changes will be communicated via email or in-app notification
• Effective Date: Changes become effective on the date specified in the updated Terms

Contact Information

Special Provisions for Parents

Parental Responsibility

• Child Supervision: You are responsible for supervising your child's interaction with any app content
• Age-Appropriate Use: Ensure that content accessed is appropriate for your child's age and development
• Professional Guidance: Seek professional advice for serious behavioral or developmental concerns

Child Safety

• Emergency Protocols: Have appropriate emergency procedures in place for your family
• Professional Resources: Maintain connections with pediatricians, counselors, and other child development professionals
• App Limitations: Understand that the App cannot replace professional childcare, medical advice, or emergency services