AGREEMENT – PARENTS AND OTHER NON-PROFESSIONAL USERS
Effective Date: 17 April, 2025
The OurFamilyWizard website (“Site”) and mobile application (“App”) (together, “Platforms”) are operated by Avirat, Ltd (“we,” “us,” or “our”), a limited company registered in England and Wales under company number 9469079 whose registered office is at c/o Redfern Legal LLP, 7 Henrietta Street, London WC2E 8PS. Our VAT number is 216 3016 50.
This agreement (“Agreement”) is between us and you (“you” or “your”), and governs your use of the Site (whether as a registered user or a guest) and the App including, without limitation, browsing, accessing and/or otherwise using any information, data, content, design, text, graphics and interfaces on the Platforms (excluding any information or data provided by you) (“Content”) or any services provided through the Platforms (including standard subscription services and premium features) (a “Subscription”), registering to use and purchasing a Subscription and downloading and installing the App.
Any rules or policies applied by any app store provider or operator (“App Store”) from whom you downloaded the App (“App Store Rules”) are incorporated into this Agreement by reference but in the event of conflict, the terms of this Agreement shall prevail. This Agreement is between you and OurFamilyWizard only. OurFamilyWizard is solely responsible for the Platforms. Apple, Inc. and Alphabet, Inc. and Amazon.com Services, LLC are not a party to this Agreement; however, Apple, Inc., Alphabet, Inc., and Amazon.com Services, LLC and their subsidiaries are third party beneficiaries of this Agreement as it pertains to the App. As such, once you accept this Agreement, Apple, Inc. Alphabet, Inc., and Amazon.com Services, LLC shall have the right to enforce this Agreement against you as they pertain to our App.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR REGISTRATION AND/OR USING THE PLATFORMS AND/OR DOWNLOADING AND INSTALLING THE APP. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE PLATFORMS.
By accessing or using the Platforms, or by downloading and/or installing the App, you agree to the terms and conditions contained in this Agreement.
We may revise this Agreement at any time by amending this page. Please check this page from time to time to take notice of any changes we have made as they are binding on you.
A. Access
We do not guarantee that the Platforms or the Content will always be available or be uninterrupted. We will not be liable to you if for any reason any of them is unavailable at any time or for any period. For registered users, we will use reasonable efforts to promptly remedy any faults with the Platforms of which we become aware. For guest users, access to the Platforms is only permitted on a temporary basis. For all users, we may suspend, withdraw, discontinue or change all or any part of the Platforms without notice.
We may update the Platforms from time to time and may change the Content at any time. However, please note that any of the Content may be out of date at any given time and we are under no obligation to update it. We do not guarantee that the Platforms or the Content will be free from errors or omissions.
You are responsible for making all arrangements necessary for you to have access to the Platforms including (without limitation) configuring your information technology and software in order to do so. Any compatibility requirements for the Site will be detailed on the Site. The App may be downloaded or streamed to your mobile telephone or handheld device (“Device”) and any compatibility requirements will be detailed on the relevant App Store page. If we update the Platforms, you may need to update your information technology and software in order to continue using them.
The App may be downloaded free of charge from an App Store, however, please note that the use of the App and the Platforms on any Device will be subject to any rates and fees charged by your wireless communications services provider.
All information you provide to us through the Platforms must be current, accurate and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the Platforms.
B. No Reliance
The Platforms are not a substitute for the professional advice of a solicitor, mediator or other legal professional. We do not give legal advice, nor do we provide legal services, and in each case the Content and Platforms should not be treated as such. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content. You acknowledge that your reliance upon the Platforms and any Content is solely at your own risk.
C. Security
A password or another form of authentication (“Authentication Method”) is required to access and use the Platforms. You are solely responsible for: (1) maintaining the strict confidentiality of the Authentication Method assigned to or created by you; (2) instructing any person to whom you disclose your Authentication Method not to disclose it to another person or allow another person to use it to access any part of the Platforms without your express permission; (3) any access to or use of the Platforms through your Authentication Method; and (4) any charges, damages or losses that may be incurred or suffered as a result of your failure, or the failure of any person using your Authentication Method, to maintain the strict confidentiality of the Authentication Method.
You must promptly inform us in writing of any unauthorised use of your Authentication Method or of any need to deactivate an Authentication Method due to security concerns. You are liable for any unauthorised use of the Platforms until you do so.
We are not liable for any loss or damage arising out of or in connection with the authorisation, disclosure or theft of your Authentication Method. We have the right to disable your Authentication Method and/or your account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement.
D. Permitted Account Users
A Parent Account gives you access to and use of our standard Subscription but also allows you to give others limited access to the Platforms, namely the ability to view some or all of the information or data in your account and/or the ability to correspond with others who are linked to your account.
Permitted account users include the child or children whose life and information you wish to manage and other family members such as grandparents or childcare providers.
Permitted account users are required to accept the terms and conditions contained in this Agreement when registering to use the Services, save that Sections I and J will not apply to them. Any parent subscriber accepts them on behalf of their child or children.
Parent subscribers are also responsible, however, for the failure of their permitted account users (particularly any child to whom access is permitted) to comply with the terms of this Agreement.
A Parent Account also lets you link your account to that of your legal representative and/or a mediator assisting with your relationship breakdown or child’s or children’s residence and contact arrangements. Your legal representative will need to accept similar terms and conditions applicable to professional users.
E. Ownership, Licence and Use of Intellectual Property
We are the owner or the licensee of all intellectual property rights (including, without limitation, all copyright and trade marks) in the Platforms and the Content. Those works are protected by laws and treaties around the world. All such rights are strictly reserved.
Subject to the terms of this Agreement, and only during the term of this Agreement, we hereby grant, and you hereby accept, a limited, non-exclusive, revocable, non-transferable licence to use the Platforms and the Content for the purpose of using your Subscription only. You may download the App to your Device but we remain owners of the App and the Content.
You may make or print copies, and may download extracts, of any pages on the Platforms solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way, and must respect all intellectual property rights and notices wherever contained in the Content. You agree that you will not copy, modify, alter, revise, paraphrase, display, store, sublicence, publish, transmit, sell, rent, lease or otherwise transfer or distribute the Platforms or the Content, or any part of them, or create derivative works from them, except as specifically authorised in this Agreement. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other licence provisions contained on the Platforms or in any Content.
No other rights or licences, whether express, implied or otherwise, are granted or intended by this Agreement. ANY UNAUTHORISED OR UNAPPROVED USE OF THE PLATFORMS OR THE CONTENT MAY CONSTITUTE INFRINGEMENT OF OUR, OR OUR LICENSEE’S, RIGHTS, FOR WHICH YOU MAY BE LIABLE FOR CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAWS AND REGULATIONS.
In the event of any third party claim that the Platforms infringe that third party’s intellectual property rights, OurFamilyWizard, not Apple, Inc. nor Alphabet, Inc. or Amazon.com Services, LLC, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
All information you provide to us through the System must be lawful, current, accurate, and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the System. You represent and warrant that you have all rights necessary to receive, use, transmit, and disclose all data, including information you provide about your family or other persons, that you use in any way with the System. If OurFamilyWizard determines, in good faith, that a) you do not have the right(s) necessary to receive, use, transmit or disclose the information or b) the disclosure of the information through the System violates a law or regulation, OurFamilyWizard may, in its sole discretion, terminate your right to access and use of the System or remove the information.
Shared Data. Some of the information you disclose through the System is Shared Data. Shared Data includes information about you, your family or other persons, including personal data, that you share with other subscribers. Shared Data includes messages and content of messages with other users and is considered personal data of a) you, b) individuals communicated to through each message, and c) individuals that are subject to each message. Disposing of Shared Data requires consent of users connected to the message and, in most instances, the subject of the message.
Restricted and Prohibited Content. You agree not to upload, submit, disclose or otherwise provide to the System any protected health information (PHI) or electronic protected health information (ePHI) regulated by federal and local regulations (i.e. Health Insurance Portability and Accountability Act (HIPAA); Washington My Health My Data Act). If You upload, submit, disclose or otherwise provide PHI or ePHI to OurFamilyWizard, a) You shall bear all risk associated with any usage or disclosure of the PHI and ePHI and b) OurFamilyWizard will have no liability to You or any third party relating to such PHI or ePHI.
F. Linking
You may link to the Site’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
G. Viruses
We do not guarantee that the Platforms will be secure or free from bugs or viruses. You should use your own virus protection software.
You must not misuse the Platforms by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platforms, the server on which the Site is stored or any server, computer or database connected to the Platforms. You must not attack the Platforms via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platforms will cease immediately.
H. Privacy
Our Privacy Policy sets out the terms on which we process any personal data we collect from or about you or that you provide to us. By using the Platforms, you consent to such processing.
I. Subscription, Fees, Payments and Cancellation
A subscription to the System can be purchased through the Site or our mobile application (the “Subscription”). During your purchase, you will select an account and plan (“Plan”). Your use of the System is subject to your payment of a subscription fee, plus applicable taxes (the “Subscription Fee”) for the term selected (the “Subscription Period”). During your Subscription Period, you will have the opportunity upgrade your Plan (“Plan Upgrade”) and purchase add-ons (“Premium Features”). By purchasing a Subscription, a Plan Upgrade or any optional Premium Feature, you authorize OurFamilyWizard or its service provider to charge you via your selected payment method immediately. You have 30 days from the date of purchase of a first-time Subscription to receive a full refund. Your right to a refund of the purchase of a first-time Subscription expires thirty (30) days after the date the Subscription was purchased.
To request a refund for your first-time Subscription, you can follow the steps below based on your purchase method.
• If purchased via ourfamilywizard.com: On a desktop or laptop, you can submit a refund request through the refund request form available on ourfamilywizard.com.
• If purchased via Google Play Store: Unfortunately, OurFamilyWizard isn't able to process refunds for subscriptions purchased through the Google Play Store. You'll need to request a refund directly through Google.
• If purchased via Apple App Store: Unfortunately, OurFamilyWizard isn't able to process refunds for subscriptions purchased through the Apple App Store. You'll need to request a refund directly through Apple.
Your Subscription and Premium Features will automatically renew for additional Subscription Periods of the same length unless you cancel the auto-renewal. If the subscription was purchased through ourfamilywizard.com you may cancel the auto-renewal of a Subscription or Premium Feature through your account settings, or by contacting customer service at info@ourfamilywizard.co.uk. If you purchase a Subscription through the Apple App Store, you may cancel automatic renewals by selecting Manage App Subscriptions in your Apple Account settings and selecting the Subscription you want to modify or otherwise in accordance with the current functionality of that platform. You may cancel automatic renewals for a Subscription purchased via Google Play by going to Subscriptions in Google Play, finding the OurFamilyWizard subscription, and tapping cancel to prevent auto-renewal or otherwise in accordance with the current functionality of that platform. OurFamilyWizard will not provide refunds for renewed Subscriptions, Plan Upgrades and Premium Features.
For up to six (6) months after expiration of your Subscription, you will receive two (2) grace logins to access the System. Thereafter, a renewal payment is required before further access to the System is granted. You may elect to use additional Premium Features to your Subscription at additional cost, such as increased MyFiles™ storage space and ToneMeter™. The annual price for each of these is set out on the relevant feature description pages. If you order a feature partway through a Subscription Period, you will pay a proportion of the price calculated on a daily basis for the period starting with your order until the end of the Subscription Period. Payment for any of these features is made at the time of ordering.
Payments may be made using the following debit or credit cards only: Visa, MasterCard, American Express, Discover, Diner’s Club, Carte Blanche, Maestro UK. Any prices include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
A Parent Account gives access to and use of the standard Subscription to you only as set out on the Platforms. It allows you to give others limited access to the Platforms as described in Section D above. However, if a second parent requires full access to and use of the standard services offered under a Subscription, they will be required to purchase a Subscription themselves.
J. Acceptable Use
You may use the Platforms only for lawful purposes. You may not use the Platforms: (1) in any way that breaches any applicable local, national or international law or regulation; (2) in any way that is unlawful or fraudulent; (3) to transmit or send any unsolicited or unauthorised advertising or promotional material; or (4) to upload or send any information, data or material which does not comply with the standards below. You are liable to us for any loss or damage we suffer as a result of your breach of this Section K.
Any information or data you upload to the Platforms and any material in any correspondence you send through the Platforms must: (1) be accurate; (2) comply with any applicable law; (3) not be illegal or in breach of any legal duty to any third party (e.g. breach of confidence); (4) not infringe the intellectual property rights of any third party; (5) not impersonate anyone or misrepresent your identity or an affiliation with or endorsement by anyone (including us); and (6) not invade or threaten anyone’s privacy.
Where we determine, in our discretion, that you have failed to comply with this Section K, we will take such action as we consider appropriate. This may include, without limitation, terminating or suspending your right to use the Platforms, disclosing information to law enforcement authorities as we reasonably feel is necessary, or taking legal action against you for any loss or damage we suffer, and for reimbursement of the costs we incur on an indemnity basis (including, but not limited to, reasonable administrative and legal costs), as a result of your failure.
We will not be responsible, or liable to any third party, for the content or accuracy of any information, data or material uploaded or sent by you or any other user of the Platforms.
K. Confidential and Personal Information
The Platforms and your Subscription enable you to transmit, store, receive and process confidential and/or personal information regarding you, your family and/or other persons. You represent and warrant that you have all rights necessary to receive, use, transmit and disclose all information that you use in any way with the Platforms.
At all times during the term of this Agreement and after its termination: (1) you agree to comply with all applicable laws governing the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance and storage of this information and use your best efforts to ensure that all persons or entities under your direction or control comply with such laws; and (2) you are solely responsible for obtaining and maintaining all necessary or advisable consents to carry out these activities through the Platforms.
You agree that we, our licensors, subcontractors, agents and employees and all other persons or entities involved in the operation of the Platforms or provision of the services under your Subscription, have the right to monitor, retrieve, store and otherwise use this information in connection with the operation of the Platforms and provision of the services under your Subscription, and that we are acting on your behalf in transmitting this information. We agree to use commercially reasonable efforts to maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the performance of this Agreement, as may be required or permitted by law, a court of competent jurisdiction or any governmental or regulatory authority or as may otherwise be permitted under our Privacy Policy. WE ARE NOT RESPONSIBLE FOR THE USE OR MISUSE OF CONFIDENTIAL AND/OR PERSONAL INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE PLATFORMSBY YOU OR ANYONE USING OR ACCESSING YOUR ACCOUNT WITH YOUR CONSENT.
L. Consumer Privacy and Protection. The Parties acknowledge and agree that OurFamilyWizard is a service provider for the purposes of various jurisdictional Consumer Protection laws, such as the General Data Protection Regulation (“Consumer Privacy and Protection Laws”). OurFamilyWizard certifies that it understands the rules, restrictions, requirements, and definitions of the jurisdictional Consumer Privacy and Protection Laws. OurFamilyWizard (a) acknowledges and confirms that it does not receive any personal information from You as consideration for any services or other items provided to You and (b) agrees to refrain from taking any action that would cause any transfers of personal information to or from OurFamilyWizard to qualify as a sale of personal information. OurFamilyWizard shall not retain, use, or disclose any personal information provided by You except as necessary for the specific business purpose of performing the services for OurFamilyWizard pursuant to this Policy, our Terms Conditions, or otherwise as permitted. OurFamilyWizard further agrees to implement commercially reasonable security measures to protect such confidential information and agrees to maintain the confidentiality of and safekeep and protect Your confidential information in accordance with all applicable laws, regulations, rules and guidelines, including but not limited to, privacy protections under jurisdictional Consumer Privacy and Protection Laws.
M. Disclosure and Privilege
You agree that English law and court procedure relating to disclosure and privilege apply to any information transmitted, stored, received and processed through the Platforms. You should take legal advice on such matters. We are not liable to you for the disclosure of any such information in compliance with a court order.
N. Disclaimers
THE PLATFORMS ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE OF THE PLATFORMS IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE PLATFORMS, THE CONTENT AND YOUR SUBSCRIPTION. Any representation, condition or warranty which might be implied or incorporated into this Agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Platforms are suitable for your purposes.
O. Limitation of Liability
We only provide the Platforms for domestic and private use. You agree not to use them for any commercial OR business purposes.
UNDER NO CIRCUMSTANCES WILL WE, OR ANY OF OUR PROVIDERS, BE LIABLE TO YOU OR ANY OTHER INDIVIDUAL OR ENTITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, FOR: (1)(A) ANY LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE, (B) LOSS OR CORRUPTION OF DATA OR INFORMATION, (C) LOSS OF BUSINESS OPPORTUNITY, (D) LOSS OF GOODWILL, OR (E) ANY INDIRECT OR CONSEQUENTIAL LOSS, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE PLATFORMS OR THE SERVICES (BY YOU OR ANYONE USING OR ACCESSING YOUR ACCOUNT WITH YOUR CONSENT) OR ANY OTHER FAILURE TO PERFORM BY US OR OUR PROVIDERS; OR (2) RELIANCE ON THE CONTENT BY YOU OR ANYONE USING OR ACCESSING YOUR ACCOUNT WITH YOUR CONSENT; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR SECURITY BREACHES, WHETHER IN RELATION TO THE PLATFORMS, THE CONTENT OR THE SERVICES; OR (4) FOR ANY OTHER MATTER FOR WHICH WE STATE WE ARE NOT RESPONISBLE UNDER THIS AGREEMENT. THESE EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
SUBJECT TO THE ABOVE, OUR TOTAL LIABILITY TO YOU IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE FEES YOU PAID TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED WHICH GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THIS LIMITATION OF LIABILITY IS AN ALLOCATION OF RISK BETWEEN YOU AND US WHICH CONSIDERS THE FEES WE CHARGE YOU TO USE THE SERVICES. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SERVICES TO YOU.
Nothing in this Agreement shall limit or exclude our liability for: (1) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (2) fraud or fraudulent misrepresentation.
P. Force Majeure
We are not liable to you for any delay or failure to perform our obligations under this Agreement or the Services as a result of an event beyond our reasonable control including, without limitation, an act of God, natural disaster, terrorist attack, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, explosion, flood, storm or other extreme adverse weather, or interruption or failure of utility service or electronic communications networks. In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations.
Q. Indemnity
You shall indemnify and hold us harmless from any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses incurred by us arising out of or in connection with: (1) use of the Platforms and the Services by you or any other person using or accessing your account with your consent; and (2) the unauthorised or unlawful use of the Platforms, the Services, the Content or any personal information provided or accessible by you or any other person using or accessing your account with your consent.
R. Termination of Agreement
We may terminate this Agreement and/or your right to use the Platforms and/or the Services at any time if you commit any breach of this Agreement or create any potential legal exposure for us.
On termination or cancellation of this Agreement, you must immediately delete or remove the App from your Devices, and immediately destroy all copies of the App and Content then in your possession, custody or control and certify to us that you have done so.
Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination or expiry.
Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement, including (without limitation) Sections H, L, N, O, P, and R-AA (inclusive), shall remain in full force and effect.
OurFamilyWizard will suspend your account when we are notified of your passing. We will leverage various resources to validate death notifications. To secure the data included in your account, OurFamilyWizard will prohibit any future logins to your suspended account and will memorialize your data as it existed immediately before the account was suspended.
S. Assignment
We may at any time assign any or all of our rights under this Agreement. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void.
T. Waiver
If we fail or delay to exercise any right or remedy provided under this Agreement, this shall not constitute a waiver or restrict us from exercising that or any other right or remedy. No single or partial exercise of such right or remedy shall restrict us from exercising that or any other right or remedy.
U. Severance
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified or deleted to the minimum extent necessary to make it valid, legal and enforceable without affecting the validity and enforceability of the rest of this Agreement.
V. Third Party Rights
No third party shall have any right to enforce this Agreement other than any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, each as defined in section 1159 of the Companies Act 2006.
W. Twilio End User Privacy Policy
Please note that while we strive to protect your privacy and security, the use of external services and third-party providers introduces unique considerations. When you utilise features such as voice and video communication and recordings, you may be directed to services provided by Twilio, which is an independent third-party. We encourage you to review Twilio's privacy policy and terms of service to fully understand their practices and how they handle your data.
X. Communications and SMS messages
OurFamilyWizard text alerts are text messages that OurFamilyWizard subscribers can opt into to receive alerts for in-account activity, and they are associated with the following terms and conditions:
Message and data rates may apply.
Message frequency varies based on account activity, averaging 3-4 messages per week.
Text “STOP” to end further messages or “HELP” for assistance.
Contact customer support at 866-755-9991 or info@ourfamilywizard.com for further assistance.
Y. Artificial Intelligence (AI)
We may provide, as part of our Services covered by these Terms, solutions that include the use of artificial intelligence, such as recommending alternative phrasing to communications provided in the Services based on perceived tone and language choices. We do not allow any partners or third parties to use your data for training their own models. Notwithstanding the foregoing, pursuant to these Terms, we may use log data or analytics data to update, modify, or otherwise improve our Services.
We will only disclose personal information or other information you intentionally enter or automatically submit to our artificial intelligence services in order to provide you with writing suggestions, insights, and other services that you have requested.
You acknowledge that artificial intelligence systems are a rapidly evolving field. Although OurFamilyWizard is always working to improve its services, due to the probabilistic nature of machine learning, the output from artificial intelligence services may not always be accurate, complete, or available. You should not rely on such output from our services as a sole source of truth or factual information, or as a substitute for professional and therapeutic advice. It is your responsibility to evaluate the output of the artificial intelligence services for accuracy and appropriateness for your use case, including using human review as appropriate, before using, modifying, or otherwise releasing such output from the services.
In addition, you agree you will not use any artificial intelligence functions to power, or make any decisions related to, any products or services that may involve personal injury or illegality.
This disclaimer of warranty constitutes an essential part of the OurFamilyWizard Privacy Policy and these Terms that are fully incorporated as if rewritten herein. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. Notwithstanding any of the foregoing – no warranties of any kind are made with respect to the software and services if it is provided on an evaluation basis.
Z. Mobile Application
In the event that OurFamilyWizard makes a mobile application (“App”) available to Customer subject to the terms of this Agreement, OurFamilyWizard grants to Customer a limited, personal, revocable, non-exclusive, nontransferable and non-sublicensable license to install and use the App during the Subscription Term. Customer has no other rights in or to the App. The App is licensed, not sold. The terms of this Agreement apply to any updated, upgraded or new versions of the App. Use of the App constitutes use of the OurFamilyWizard Products. OurFamilyWizard may require Users to agree to additional terms and conditions governing use of the App, and Customer agrees that its Users will not be permitted to use the App unless they agree to such terms and conditions. Customer agrees that from time to time and without notice OurFamilyWizard may amend, modify, update or upgrade the App or create new versions of the App. Customer agrees that OurFamilyWizard may automatically update the version of the App that a User is using on a mobile device. Customer consents, on behalf of itself and its Users, to such updating on mobile devices. Updates may cause Customer or a User to lose Customer Data, and OurFamilyWizard will not be liable for such loss. Customer agrees that OurFamilyWizard has no obligation to provide support, maintenance or updates for or to the App. To the extent the App contains any third-party software, Customer’s and User’s rights and obligations with respect to such software will be subject to and governed by the third party’s terms and conditions. OurFamilyWizard does not make a representation or warranty that the App will operate on any particular device or operating system. The App is commercial computer software, and to the extent any government agency uses the Mobile Application, the government is only granted the limited rights granted to all other OurFamilyWizard customers.
AA. Recorded Audio and Video Calls
If audio or video calls that you are party to are recorded, we ask for your consent prior to being recorded. If you do not consent to being recorded, you must not join the call.
Under data protection laws, our lawful basis for these recordings will be:
• Performance of a contract with you.
• Where you do not have a contract with us, we rely upon legitimate interests of being able to provide a service to those with accounts on our Services.
However, we rely on consent as a lawful basis only for limited data processing within these calls, namely in relation to any special category of data contained in the calls. If the special category of data of someone under 13 years old (or the applicable age of consent in your jurisdiction) is recorded we rely on the consent of the parent or guardian.
Recorded audio and video calls may be transcribed. The recordings and transcriptions can be downloaded for up to 90 days after the date of the recording. The caller and recipient of the recorded call may download the recordings and transcripts. Additionally, professional subscribers may access these recordings and transcriptions. Professional subscribers may include your legal counsel, the legal counsel of others that you communicate with through the Services, or any mediators.
After 90 days, you will not be able to directly download the recordings and transcriptions from the Platform, but we shall retain copies in accordance with our data retention policies (which are explained in more detail below).
AB. Entire Agreement
This Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, warranties, representations, understandings and communications relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. You agree that you shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.
AC. Law and Jurisdiction
This Agreement, its subject matter and formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. You may also submit a complaint through the EU’s Online Dispute Resolution platform but this shall not prevent either of us commencing or continuing court proceedings in relation to any matter.
AD. Contact Information
To contact us with any questions or inquiries about these Terms & Conditions, please email us at info@ourfamilywizard.co.uk or telephone us on +44 (0) 203 514 0008.