Legal

Withya Terms and Conditions

Last updated: September 27, 2026 · Version 1.2

This is an archived version. The current Terms are at withya.app/terms.

Please read these Terms carefully. They limit our liability and set rules for using the Service. If you live in the United States, section 13 requires you to resolve most disputes with us through binding individual arbitration and waives class actions and jury trials, unless you opt out within 30 days as described there. Withya is not a healthcare provider and nothing in the Service is medical advice. The Assistant is an automated artificial-intelligence system; its answers can be wrong and are not a substitute for a qualified professional. In an emergency, call your local emergency number.

1. Your agreement with Withya

Withya is operated by STH Technologies, LLC, 9206 Sunshine Pl, Downey, CA 90240, United States (“Withya”, “we”, “us”). These Terms are a contract between you and us, and not with the app stores or our service providers. They govern the Withya mobile application, the website at withya.app, family profiles and records, guides, the Assistant, the community, subscriptions and related features we make available (together, the “Service”). Contact us at [email protected].

You accept these Terms by affirmatively agreeing to them where we offer that choice, and in any event by creating an account, accessing or using the Service. If you do not agree, do not create an account and do not use the Service. Viewing a public page of the website does not create a subscription.

Our Privacy Policy, Consumer Health Data Privacy Policy and Community Guidelines form part of these Terms for the matters they cover. If a specific promise shown at checkout conflicts with a general description here, the checkout promise controls for that purchase. Section 13 contains terms for particular countries; if section 13 conflicts with any other section for residents of a country it covers, section 13 prevails. Where the law of your country gives you rights that cannot be waived by contract, those rights prevail over anything inconsistent in these Terms.

2. Eligibility and authority

You must be at least 18 years old and able to form a binding contract where you live. Accounts are for adults. Children are the subjects of profiles created by adults; a child may not hold an account or operate the Service, and we may close an account we believe belongs to a person under 18. We may receive an age category or similar signal from the app store that supplied the app and may use it to refuse, restrict or end access.

You may create a profile for a child, or enter information about a child or another adult, if you are that child’s parent or legal guardian or otherwise have lawful authority to provide and manage that information for the purposes of the Service, including any consent the law requires from a parent, a guardian or the other adult. A family relationship, an invitation or a payment is not by itself proof of that authority. Do not use the Service in a way that breaches a court order, custody arrangement, confidentiality obligation or another person’s rights. We do not adjudicate custody or family disputes, and we may rely on your representation of authority until we receive credible evidence to the contrary.

Keep your registration details accurate and current. You are responsible for safeguarding the email account, passkeys, passwords and devices used to reach your account and for activity that occurs under it, except activity that results from our own security failure. Tell us promptly at [email protected] if you suspect unauthorized access. Accounts are personal; do not share sign-in credentials or transfer an account to another person.

The Service is available through the app stores that carry it but may not be offered in all countries, and guidance coverage differs by location. Availability in a country does not mean our content covers each state, locality, language or requirement there.

3. What the Service is and is not

Withya is software that helps adults record and share information about a child’s everyday care, keep a private journal, read sourced guides, ask the Assistant questions and, optionally, take part in a community for adults. We provide software and information. We do not provide healthcare, childcare, professional or emergency services.

Withya is not a doctor, pediatrician, nurse, pharmacist, therapist, lactation consultant, dietitian, counselor, lawyer or any other licensed professional, and no clinician-patient, therapist-client, lawyer-client or other professional relationship is formed by using the Service. The Service is not a medical device. It is not designed or intended for use in the diagnosis, cure, mitigation, treatment or prevention of any disease or condition, and it does not monitor, examine, screen or assess your child. It is not an emergency service: it does not detect emergencies, alert responders or ensure that anyone reads an entry, a message or a question.

Guides, recipes, activities, growth displays, milestone references, reminders, “coming up” items, summaries and Assistant answers are general or automatically generated information drawn from data you and other adults have entered and from third-party sources. None of it is a recommendation by Withya for your child. A citation to a source does not mean that the source reviewed, endorsed or approved Withya, our interpretation of it or its application to your child.

4. Medical, parenting and safety information

Emergencies

If you believe a child or adult is in immediate danger, or a child is not breathing, is choking, is unresponsive, has a seizure or shows another sign of a serious condition, call emergency services now: 911 in the United States and Canada, 999 in the United Kingdom, 112 in the European Union and India, 000 in Australia, or your local emergency number. For a suspected poisoning, call your poison-control line: 1-800-222-1222 in the United States, 1-844-764-7669 in Canada, NHS 111 in the United Kingdom, 13 11 26 in Australia, 1800-116-117 in India, or your national poison center. Do not wait for the app, a reminder, an Assistant answer or a community reply.

For a concerning symptom or an urgent question, contact a qualified local clinician. The absence of a warning in the Service, an apparently normal chart, a missing alert or a reassuring answer is not evidence that a condition is safe. These numbers may change; confirm the number for your location.

The Assistant

The Assistant is an automated artificial-intelligence system. You are interacting with software, not with a person, and its answers are machine-generated. It uses an artificial-intelligence model that runs inside our cloud provider under contract, and generates each answer from your question, details from the selected child’s profile and records, recent messages in the conversation and excerpts from our guides. It has no persona, holds no license and does not represent a clinician.

Because the Assistant is probabilistic, its answers may be inaccurate, incomplete, outdated, misapplied to your child or contrary to professional guidance, and may appear reliable because of their detail. It works from what has been recorded, and records may be incomplete, late, wrong or entered by another adult; a missing record does not mean an event did not occur. It cannot see, examine or monitor your child. We do not review each answer before it is shown, and generated answers are not recommendations by Withya. The Assistant is not designed to diagnose, to calculate or confirm medicine doses, or to decide whether your child needs care; if an answer appears to do any of these things, do not rely on it. For some questions we show a fixed safety message that directs you to emergency or professional help; it does not assess your child, and its absence does not mean care is not needed.

Do not rely on any answer as your sole source of truth or as a substitute for professional advice. Verify anything that could affect health, safety, feeding, sleep, medicines, vaccines, supervision or a legal deadline with a qualified professional before acting on it. If an answer, guide, reminder, display or community post tells you to do something that seems unsafe, or that conflicts with the advice of your child’s clinician, a product label or emergency services, do not do it. You are responsible for the decisions you make about your child.

We may limit the number of questions available to a family. The current allowance is shown in the app and may change with notice. Some questions receive fixed safety text instead of a generated answer. Withya stores your questions and answers so that you can revisit them; deleting a conversation removes it from view, and it is erased with the child profile or your account as the Privacy Policy describes. Use the in-app report control if an answer is inaccurate, unsafe or inappropriate; a report does not delay your need to seek care.

To the fullest extent permitted by applicable law, you assume the risk of relying on any Assistant answer, guide, reminder, display or other content in the Service, and you release Withya from claims arising from that reliance, subject to section 16.

Medicines, growth, food and activities

Medicine entries are family records. They do not validate a medicine, dose, timing, interaction or suitability, and a reminder or log must not be used to decide whether a further dose is safe; confirm instructions with the prescriber, the pharmacist and the product label. Growth displays and milestone references are educational: measurement technique, units, gestational history and incomplete data affect them, and no percentile or label is an assurance of health or a prediction about development. A recipe’s age label does not establish readiness, swallowing ability, allergen safety or nutritional adequacy; check ingredients and packaging and follow professional advice for your child’s conditions. Activities, sleep information and product suggestions are general. Nothing becomes safe because it appears in Withya, and adult supervision remains your responsibility.

Appointments and local guidance

Suggested tasks and dates are not appointments booked with a provider or filings accepted by an authority, and marking an item complete does not establish that a vaccination, visit or treatment occurred. Confirm schedules, eligibility, requirements and deadlines with the clinician, school, insurer or office concerned. Guidance depends on country, state, locality, date and circumstances. Our source coverage is strongest for the United States, and guidance for one place is not automatically suitable for another. We check our sources periodically but do not promise that any guide reflects the latest findings.

If you find an unsafe or incorrect statement in a guide or answer, stop relying on it and tell us at [email protected] or through the in-app report control. A support reply is not medical advice.

5. Technical limitations

The Service may experience outages, delayed synchronization, interrupted uploads, calculation or display errors, wrong units or dates, conflicting edits, mistaken profile selection, failed purchases, missed reminders and unavailable or incorrect answers, and the devices, networks, operating systems, time zones, permissions and providers we rely on may affect it. An apparently successful action is not proof that another person received it, that an appointment occurred, that a medicine was given or that an authority received anything.

Check the selected child, units, entry time and important totals against your own records. Keep independent reminders and records for anything essential to your child’s care, and keep your own copies of irreplaceable photos and videos. Exports reduce risk but may not allow complete or immediate recovery. We do not promise uninterrupted access, a particular uptime, delivery of notifications, indefinite storage, replies to community questions or any health, developmental or financial result.

6. Family access and authority

Roles

Each child profile has 1 owner (the “Primary”) and may have invited adults (each a “Secondary”), up to the limit shown in the app. Roles are set per child; an adult can be the Primary of one profile and a Secondary on another. When you create a profile you become its Primary and you represent that you have the authority described in section 2. When you invite an adult you represent that sharing the child’s information with that person is lawful and within your authority.

What an invitation grants

An invitation gives the invited adult broad access to each profile selected in the invitation. A Secondary can view the profile, care records, plans, journal and media; add, change and delete shared entries, including entries created by you or another adult; and export shared records and media without separate approval from the Primary. Where the app permits, a Secondary may invite another adult to a profile they can access, within the limit. An invitation covers the selected profiles, not siblings or future children. Invite people you trust with that access, verify the recipient and the selected profiles before sending, and revoke a pending invitation in the app if you change your mind. An invitation expires if it is not accepted within the period shown in the app.

Owner powers

The Primary changes core profile details, removes members, deletes the child profile and manages billing for the profile. A Secondary does not acquire those powers by accepting an invitation. A Secondary can leave a shared profile at any time.

What stays separate

Family access does not reveal another adult’s Assistant conversations, unrelated profiles, private account settings or billing for a profile they do not own. Community identity is separate from family sharing, and private records, media and conversations are not posted to the community automatically. “Private” describes restricted access within the Service; it does not prevent copying, screenshots, device access or lawful operational processing, and an export can contain highly sensitive information.

Duties of linked adults

Do not accept a profile you are not authorized to access; use shared information for lawful family purposes, make accurate good-faith entries, check the selected child, and do not extend access contrary to the family’s lawful authority or a court order. Entries are shared; an entry you delete or overwrite may have been made by someone else, and deleting an entry does not remove it from an export another adult makes. Keep any exported copy secure, and do not publish, sell or use exported family information for an unrelated purpose. Access to records does not authorize you to make medical decisions or consent to treatment for the child.

Revocation, departure and disputes

Removing a Secondary or leaving a profile stops future access. It does not retrieve copies already exported, erase data from a device that is offline at that moment or undo what has already been seen, and past entries stay attributed to the adult who made them. A Primary may delete a child profile, subject to a short restore period during which the Primary can restore it in the app. Deleting your own account deletes the profiles you own and removes you from profiles you were invited to. Those profiles remain, but content you added to them may be removed or de-identified. Deleting a profile or an account does not cancel a store subscription.

If an invitation, a profile or a claim of authority is disputed, or a court order affects access, email [email protected] describing the account and profile concerned without unnecessary detail about the child. We may restrict disputed access while we verify authority or comply with legal process. We do not decide who should have custody.

7. Your content and our limited license

You own the content you submit, subject to the rights of the children and other people it concerns. Because the Service cannot operate without handling your content, you grant Withya a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, format, process, back up and display it, and to allow our service providers to do so under written restrictions, as needed to operate the Service and the features you and the other adults on a profile choose, to provide support, to protect the Service and its users and to comply with law.

This license does not permit us to use your family’s content in advertising, to sell it, to publish it beyond the audience you choose or to use it to train artificial-intelligence or machine-learning models, and we do not do so. The license for an item ends when it is deleted from our systems, except that copies may persist for a limited period in backups and where we must retain them for a dispute, a safety report or a legal obligation; those copies remain subject to the Privacy Policy. A copy another user has exported or saved is outside this license and is that user’s responsibility.

Do not submit content you do not have the right to submit. Posting in the community authorizes display to the audience the community describes; it does not make private records public. You may give us feedback about the Service and we may use it without obligation to you; this does not transfer any right in your family’s content.

8. Our content and permitted use

We and our licensors own the Service, including without limitation its software, design, branding, guides and other original content, and all associated intellectual-property rights. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own family’s lawful purposes in accordance with these Terms. You may keep your exports and reasonable personal copies of guidance. Third-party sources cited in our guides remain subject to their owners’ rights and terms.

You must not, and must not help anyone else to: resell or commercially redistribute access to the Service or our content; scrape, crawl, harvest or bulk-download any part of the Service or its content, by automated means or otherwise; use our content or any data obtained from the Service to train, fine-tune or evaluate an artificial-intelligence or machine-learning model; reverse-engineer or decompile the app except where the law expressly allows it; bypass access controls, rate limits or usage limits; introduce malicious code; impersonate another person; or use automated requests to evade a disclosed limit. Statutory exceptions, fair use and fair dealing, and lawful interoperability rights are not affected, and nothing here restricts honest reviews, lawful criticism, reporting a defect, preserving evidence or communicating with a regulator or law enforcement.

9. Purchases, stores and third parties

Adult accounts and child profiles are free to create. Using a child profile’s features requires a subscription that covers that child, purchased by the Primary through the Apple App Store or Google Play. Invited adults do not need a separate subscription for a profile they are invited to. The store is the merchant of record: it shows the products, currency, price, billing period and renewal terms before you buy, processes payment and holds your payment details. Products, currencies and prices differ by country and store, and some plans may not be sold in some countries. The offer shown and accepted at checkout controls your purchase.

Verification of a purchase may reach us after checkout completes, and access may be delayed until it does; use the restore function or contact support rather than buying again. Restore re-checks the original purchaser’s entitlements and does not transfer profile ownership or another adult’s purchase.

Links to external websites, retailers, sources, community participants and providers are supplied for convenience. They are not endorsements, and their content, availability and terms are theirs. We remain responsible for the obligations the law places on Withya, including for the service providers we choose, and using a third party is not by itself an exclusion of our liability.

10. Subscriptions, renewal, cancellation and refunds

Automatic renewal

Subscriptions renew automatically at the end of each billing period, monthly or annual as selected, at the price shown at checkout, until you cancel through the store before the renewal cutoff the store specifies. The store confirms the renewal date and amount. Where the law requires them, we or the store will give renewal reminders, price-change notices and other required notices.

How to cancel

Cancel through the store account that made the purchase: on Google Play, through Payments and subscriptions in the Play settings or at Google Play subscriptions; on the Apple App Store, through Subscriptions in your Apple account settings, as described in Apple’s cancellation guidance. Uninstalling the app, signing out, leaving a family, deleting a child profile or deleting your account does not cancel a subscription; cancel it separately. After cancellation, access continues to the end of the paid period and then ends. Cancellation does not delete your family’s data. If you cannot find the purchase, check the store account used to make it and contact [email protected].

Price and plan changes

We may change prices, plans and included capacity from time to time. A price change takes effect only for a renewal after we or the store have given you the advance notice the law requires, and you may cancel before it applies. A plan change, upgrade or downgrade takes effect according to the store’s rules; we do not promise proration unless the store or the law provides it. If covered profiles or capacity are reduced, new uploads may pause.

Storage and fair-use limits

Each subscribed child includes a media storage allowance shared by the adults on that profile, and additional storage may be available to buy; the allowance and the products available are shown in the app and at checkout. Fair-use and upload limits also apply; the current limits are shown in the app, and we may change them with notice. If usage exceeds available capacity, new uploads may pause.

Refunds

Except where the law, the checkout offer or the store’s policy provides otherwise, payments are non-refundable and there is no refund for a partial billing period. Refund requests for store purchases go to the store that processed the charge, through Google Play’s refund process or Apple’s Report a Problem. Your statutory rights, including the rights described in section 13, and the store’s own policies are not affected. A refund or chargeback may end the related entitlement. There is no trial unless the checkout offer states one.

11. Community and acceptable use

For adults, experience not advice

The community is optional and open to adults with an active subscribed profile who agree to the Community Guidelines. Posts, replies and messages are the personal statements and experiences of members, including any team member who participates; they are not medical, legal or professional advice, are not reviewed by clinicians and are not endorsed by Withya. No display name, badge, subscription or connection verifies identity, qualifications or trustworthiness. Do not post exact addresses, school or daycare details, identity documents, credentials or health details you do not want others to see; members can copy or forward what they see. If you meet another member in person, make your own safety arrangements; we do not verify members or supervise meetings.

Prohibited conduct

You must not use the Service to host, post, send, share, store or link to anything that:

  • belongs to another person and that you have no right to share, or invades another person’s privacy, including bodily privacy;
  • is obscene, pornographic, pedophilic, insulting or harassing on the basis of gender, racially or ethnically objectionable, or encourages money laundering or gambling;
  • sexualizes, exploits, endangers or is harmful to a child, including any child sexual abuse material or any attempt to groom, entice or traffic a child;
  • depicts intimate imagery of a person without their consent, including a digitally altered or synthetic depiction;
  • infringes a patent, trademark, copyright or other proprietary right;
  • is knowingly false, deceptive or misleading, including synthetic or artificial-intelligence-generated media presented as real or shared without the label the law requires;
  • impersonates another person or entity;
  • contains malware or code designed to interrupt, destroy or limit the functionality of any system;
  • threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states or public order, or incites an offense;
  • threatens, harasses, stalks, doxxes, coerces, extorts, unlawfully discriminates against, or encourages violence or self-harm toward anyone;
  • diagnoses, prescribes, calculates medicine doses or sets out treatment plans for another person’s child, or spreads dangerous health misinformation as fact;
  • is spam, a scam, unauthorized advertising or a solicitation for private child data;
  • abuses reporting tools, submits a knowingly false complaint or retaliates against a reporter;
  • evades a block, suspension or technical limit; or
  • otherwise breaks any applicable law.

Reporting, blocking and removal of intimate imagery

Use the in-app controls to report a post, message or member and to block a member, or email [email protected] describing the content and your concern. Do not send illegal imagery to prove a report. For child exploitation or an immediate threat, also contact the relevant authorities. Copyright complaints follow section 12. The Community Guidelines explain how to request removal of an intimate image or video of you, including a digital forgery, that was shared without your consent; we act on a valid request within 48 hours and take reasonable steps to remove identical copies. Parental-control protections, such as computer hardware, software and filtering services, are commercially available and may help you limit access to material that is harmful to minors.

How we moderate

We may review posts, replies and display names. Direct messages are exchanged between adults who have mutually connected and are not screened before delivery; a copy of a message you report is kept and may be reviewed by our moderators. We do not currently use automated tools to detect or decide on community content; if we introduce them, we will describe them in the Community Guidelines and these Terms. We may hide, restrict, remove or refuse content, suspend or end community participation, preserve evidence and notify authorities where the law requires or permits. When we remove or restrict your content or your participation, we may tell you what we did and why, by email or in the app, and we will do so where the law requires it. You may ask us to review that decision by emailing [email protected] with the subject “Appeal” within 6 months of the decision; a person will consider your complaint and reply. We may not detect all unsafe content, and content that remains visible is not endorsed by us. Statutory complaint and appeal routes in your country are unaffected.

Content you post and enforcement

You keep your rights in your posts subject to others’ rights, and the license in section 7 covers delivery to the community audience and moderation. Leaving the community does not remove copies others have made, and deleting a child profile does not by itself remove community content unrelated to that child. We apply restrictions proportionately to severity, repetition, safety and applicable law, and we may end access without prior warning for serious misuse.

We respect intellectual-property rights and act on reports about member content and our own content. Send a complaint to [email protected] with the subject “Copyright notice”, or follow the process on our copyright page. Identify the work you own or represent, the material you believe infringes it and a link or description that lets us find it; give your name, contact details, the basis on which you act for the rights holder and a physical or electronic signature; and explain why the use is unauthorized, taking account of fair use, fair dealing and other exceptions. Do not include private family records or unnecessary information about a child.

A notice intended to satisfy 17 U.S.C. §512(c)(3) must also state that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law, and that the information is accurate and, under penalty of perjury, that you are authorized to act for the owner of the exclusive right allegedly infringed, and must include your address, telephone number and email. A knowing material misrepresentation in a notice or counter-notice may create liability under §512(f).

We may ask for missing information, remove or disable access to the material, notify the contributor, share the complaint with the contributor or our advisers, and keep records of the process. A contributor who believes material was removed by mistake may reply describing the material, with an explanation and the legal basis for the use, and we will explain any counter-notification procedure that applies. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe, and we accommodate standard technical measures.

Our designated agent is registered with the United States Copyright Office, and the agent’s current details are published on the copyright page. Users outside the United States may make an ordinary copyright complaint without submitting to United States jurisdiction, and court and regulator remedies are unaffected.

13. Country-specific terms

United States: arbitration and class waiver

This section applies if you live in the United States. It affects your rights. It does not apply to residents of other countries, whose terms follow it. It does not apply to any dispute that arose, or any claim you notified to us, before you accepted a version of these Terms that contains this section.

Informal resolution first. Before starting arbitration or a court case, the party with a claim must send the other a written notice describing the claim and the relief sought, to [email protected] with the subject “Notice of dispute” or, from us, to your account email. The parties will try in good faith to resolve the claim for 60 days, including by telephone or video conference on request. Any limitation period is tolled during that period.

Binding individual arbitration. Any dispute, claim or controversy between you and Withya arising out of or relating to these Terms or the Service, including their formation, scope, validity, breach or termination and the enforceability of this section, will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, and not in court, except that either party may bring an individual claim in small-claims court if it qualifies, and either party may seek public injunctive relief in court to the extent that relief cannot be waived under applicable law, with the remainder of the dispute arbitrated. The arbitrator decides all questions, including arbitrability, except the enforceability of the class-action waiver below, which a court decides. The Federal Arbitration Act governs this section. Hearings are held by video or telephone unless the arbitrator or the rules require otherwise, in which case they take place in the county where you live. We will pay arbitration fees as the Consumer Arbitration Rules require, and we will not seek attorneys’ fees from you unless the arbitrator finds your claim frivolous or brought for an improper purpose. The arbitrator may award the same individual relief a court could award and must follow these Terms.

Class-action and jury waiver. You and Withya each agree to bring claims only in an individual capacity and not as a plaintiff or class member in any class, consolidated or representative proceeding, and each waives the right to a jury trial. The arbitrator may not consolidate the claims of different people or preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court and the rest arbitrated; if it is found unenforceable in a way that would require class arbitration, this entire arbitration section is void for that dispute.

Coordinated claims. If 25 or more demands raising similar claims are filed against Withya by or with the help of the same or coordinated counsel, the demands will be resolved in batches of up to 50, with 1 arbitrator and 1 set of administrative fees for each batch, and each side may select up to 5 demands from a batch to proceed first. The remaining demands in the batch are stayed for no more than 180 days, any limitation period for them is tolled during the stay, and no filing or administrative fees are owed by a claimant whose demand is stayed. The parties will cooperate with the administrator to implement this procedure, and a court may enforce it. If a court finds this paragraph unenforceable, the affected demands proceed individually under the Consumer Arbitration Rules.

Opt-out. You may opt out of this arbitration section by emailing [email protected] from your account email, with the subject “Arbitration opt-out”, within 30 days after you first accept a version of these Terms that contains this section, stating your name and that you decline arbitration. Opting out does not affect any other part of these Terms. If we change this section materially, you may reject the change in the same way within 30 days after we give notice, and the earlier version will then apply.

Court claims. Any claim that is not arbitrated must be brought in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction, except that a small-claims matter may be brought where you live and mandatory consumer law may allow otherwise. You and Withya each waive a jury trial for those claims to the extent the law permits.

Canada

If you live in Canada, the mandatory consumer protection law of your province applies. If you live in Quebec or Ontario, or in any other province whose law prohibits pre-dispute arbitration or class-action waivers in consumer contracts, the United States arbitration section does not apply to you, you may bring a claim in the courts of your province, and nothing in these Terms prevents you from joining a class action. Nothing in these Terms limits your rights under the Quebec Consumer Protection Act or the Ontario Consumer Protection Act. Where we change a term of an ongoing contract with you, we will send you written notice at least 30 days before the change takes effect, showing the new and the old text and telling you that you may refuse the change and end the contract without cost or penalty, and we will not change an essential element of the contract in a way the law does not allow.

India

If you live in India, the Consumer Protection Act 2019 and the rules under it apply, and nothing in these Terms excludes a liability or remedy that Indian law does not permit us to exclude, including under the rules on unfair contracts, unfair trade practices and deficient services. You keep access to consumer commissions, courts and authorities, including the National Consumer Helpline.

Our Grievance Officer is Shrey Pithwa, reachable at [email protected], attention: Grievance Officer, and by post to the address in section 1. Describe the service, content or transaction concerned, the problem and the remedy you seek, and give a way to contact you; an authorized representative may act for you. Where the Consumer Protection (E-Commerce) Rules apply, we acknowledge a grievance within 48 hours and redress it within 1 month. Where the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules apply, we acknowledge a complaint within 24 hours and act on it within the periods those rules set, including the shorter periods for content that must be removed under a court or government order and for intimate imagery or impersonation. Where the sensitive-personal-data rules apply, we address a grievance within 1 month. If more than 1 period applies, the shorter applies. We will explain our decision and the further steps available, including the Grievance Appellate Committee where it has jurisdiction. Contacting us does not suspend a statutory deadline.

We will inform you at least once a year, and whenever they change, of these Terms, the Privacy Policy and the Community Guidelines and of your right to stop using the Service if you do not agree with them, and we may end your access if you do not comply with them. For purchases, the store shows the currency, total price, taxes, billing period and renewal terms before you buy, and we do not treat a pre-selected option as your consent.

Australia

If you live in Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value; you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. Nothing in these Terms excludes, restricts or modifies those guarantees or any other right you have under the Australian Consumer Law, and sections 15 and 16 apply only to the extent that law permits. The United States arbitration section does not apply to you. In an emergency, call 000.

United Kingdom and European Union

If you live in the United Kingdom or the European Economic Area, you have statutory rights as a consumer that these Terms cannot limit or exclude, including that digital content and digital services must conform with the contract, be of satisfactory quality, fit for purpose and as described, and that we perform the Service with reasonable care and skill; the remedies your law provides for non-conformity are unaffected. The United States arbitration and class-waiver section does not apply to you. You may bring a claim against us in the courts of the country where you live, and the mandatory consumer protection rules of that country apply to you notwithstanding the choice of California law in section 18.

A subscription purchased through a store is, for that purchase, a contract with the store. Your 14-day right to withdraw from a purchase, and any express consent you give to immediate supply together with your acknowledgement that you then lose that right, are handled by the store at checkout. You may also end your contract with us at any time by cancelling your subscription and stopping use. The Assistant is an automated artificial-intelligence system, and section 11 describes our content moderation, including human review, the automated tools we may use, the statements of reasons we give and our internal complaint route; residents of the EU may also complain to the Digital Services Coordinator of their country. Our single point of contact for users and for authorities under the EU Digital Services Act is [email protected], and we communicate in English. We will publish the details of any appointed representative here.

14. Suspension, changes to the Service and closure

We may suspend, restrict or end your access to all or part of the Service, with notice where practicable, if we reasonably believe that you have breached these Terms or the Community Guidelines, that your use creates a risk to another person, a child, security or the Service, that a purchase has been reversed or an entitlement revoked, or that the law or a legal process requires it. Where a restriction is material and telling you is lawful and safe, we will explain it and give you a way to contest a mistake; where the matter is urgent, we may act first. You may still contact support, exercise privacy rights and read legal pages while restricted.

We may change, add to or retire features from time to time, acting reasonably. If a change materially reduces a paid feature during a paid period, we will give you reasonable notice and any cancellation or refund remedy the law or the checkout offer provides. If we close the Service, we will give reasonable advance notice and, where practicable and lawful, an opportunity to export your data. You may stop using the Service at any time and delete your account in the app. A short recovery period applies, during which signing in again cancels the deletion, and the Privacy Policy describes what is kept afterwards.

15. Warranty disclaimer

To the fullest extent permitted by applicable law, the Service and everything in it are provided “as is” and “as available”, and your use of the Service and of any content or answer is at your own risk. We disclaim all warranties and conditions, express or implied, including without limitation warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service or its content will be accurate, complete, current, secure, available or suitable for any particular child or decision, that defects will be corrected, or that any health, developmental or other result will be achieved. Neither we nor our licensors or providers are engaged in rendering medical, legal or other professional services.

Express commitments we make in a checkout offer, and guarantees and rights that the law does not permit us to exclude, are not affected.

16. Limitation of liability

To the fullest extent permitted by applicable law, Withya and its members, officers, employees, contractors, licensors and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, business, goodwill, data or opportunity, arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), strict liability or any other legal theory, and whether or not we were advised of the possibility. To the same extent, our total aggregate liability for all claims arising out of or relating to these Terms or the Service is limited to the greater of (a) the amounts you paid for the Service, including through an app store, in the 12 months before the event giving rise to the claim and (b) USD 100 or its equivalent in your currency. Multiple claims about the same events do not enlarge this limit.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the law that applies to you. Where that law so provides, this includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, and for breach of the consumer guarantees and other non-waivable rights described in section 13. Where the law allows liability for a category of loss to be limited but not excluded, the limits above apply to that loss to the extent permitted.

17. Indemnity

To the extent permitted by the consumer law that applies to you, you will indemnify Withya against third-party claims, and the reasonable costs, damages and legal fees finally awarded or agreed in a settlement made with your consent, that arise from (a) content you submit that infringes another person’s rights or is unlawful, (b) your breach of these Terms or the Community Guidelines, or (c) information about a child or another person that you entered or shared without the authority or consent the law requires. This obligation does not extend to claims caused by our own breach, negligence or misconduct, to a child’s own claim merely because you are the child’s parent, or to your exercise of a consumer or privacy right. We will notify you of a claim promptly, let you participate in the defense at your own expense, and not settle in a way that admits fault on your behalf or imposes non-monetary obligations on you without your consent.

18. Governing law and disputes outside the United States

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California and applicable United States federal law, without regard to conflict-of-laws rules, except that if you live outside the United States, the mandatory consumer protection laws of the country where you habitually reside apply to you where they give you greater protection, and section 13 prevails over this section for your country.

If you live outside the United States, the arbitration and class-waiver provisions do not apply to you. You may bring a claim against us in the courts of the country where you live, and we may bring a claim against you only there unless the law allows otherwise. Before starting proceedings, please email [email protected] describing the dispute and the remedy you seek so that we can try to resolve it; doing so is voluntary and does not shorten or suspend a limitation period or prevent urgent relief. Statutory complaint routes, consumer forums and regulators in your country remain available to you.

19. Changes to these Terms, notices and general provisions

Changes to these Terms

We may change these Terms from time to time. If a change materially reduces your rights or increases your obligations, we will give you reasonable advance notice before it takes effect, by email to your account address, by a notice in the app or both, unless the change is required by law or addresses an urgent safety or security matter, in which case we will give as much notice as is practicable. Other changes take effect when the updated Terms are posted with a new version number and date. If you do not agree with a change, stop using the Service and, if you wish, cancel your subscription and delete your account before the change takes effect; continuing to use the Service after the effective date means you accept the changed Terms. Changes do not apply to a dispute that arose before they took effect, and do not authorize a new use of your data that requires separate consent.

Notices

We may give you notices by email to your account address, in the app, through the in-app inbox or by posting on the relevant page of the website, and you agree to receive them electronically. Keep your email address current. Notices to us go to [email protected] or by post to the address in section 1, and are effective on receipt.

General

These Terms, together with the documents they incorporate and the checkout offer for any purchase, are the entire agreement between you and us about the Service. If a provision is held unenforceable, it will be enforced to the extent permitted and the rest will remain in effect, except as section 13 provides for the class-action waiver. Our failure to enforce a provision is not a waiver of it. We may assign these Terms to a successor or an affiliate in connection with a merger, acquisition, reorganization or sale of assets, on notice to you and without reducing the protections these Terms give you; you may not assign them. Provisions that by their nature should survive, including sections 4, 7, 8, 12, 13, 15, 16, 17 and 18, survive the closure of your account or the end of these Terms. Headings do not affect interpretation. No third party has rights under these Terms except as section 13 and the app-store terms below provide.

App-store terms

If you obtained the app through the Apple App Store, the Apple Standard End User License Agreement governs your license to the app itself, and these Terms govern the Service. If you obtained the app through Google Play, the Google Play Terms of Service also apply to your download. Neither Apple nor Google is a party to these Terms, is responsible for the Service or its content, or has any obligation to provide maintenance, support or warranty for the Service, and neither has any responsibility to address claims relating to the app or your use of it; Apple and its subsidiaries are third-party beneficiaries of the license terms that apply to the iOS app and may enforce them against you. You represent that you are not located in a country subject to a United States government embargo and are not on any United States government list of prohibited or restricted parties, and you will comply with applicable third-party terms when using the app.