Terms of Service

By accessing or using the Distracted Dad mobile application ("App"), website located at distracted.dad ("Website"), or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Distracted Dad LLC ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms.

You must be at least 18 years of age to create an account and use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. The Service is designed for use by parents and guardians; children may participate in activities facilitated through the App but may not create accounts or operate the App independently.

Distracted Dad is a mobile application designed to encourage and facilitate quality one-on-one time between parents/guardians and their children. The Service includes, but is not limited to: guided activity suggestions, in-app games, timer-based sessions, a points and rewards system, partner mode functionality, analytics and progress tracking, and AI-powered activity recommendations.

The Service is intended as a supplementary tool for family bonding and does not constitute professional parenting advice, child psychology services, child development guidance, or therapeutic intervention of any kind.

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as needed. You are solely responsible for safeguarding your account credentials, including your password, Partner PIN, and Dad PIN, and for all activities that occur under your account.

You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section. We reserve the right to disable any account at any time for any reason, including if we believe you have violated these Terms.

Free Tier: The Service offers a free tier with limited features, including but not limited to one instant session per day, unlimited timer sessions, access to select games and activity categories, and support for up to two child profiles.

Pro Subscription: The Pro subscription ("Pro") provides access to all features. Pro is available at the prices displayed in the App at the time of purchase. Prices are subject to change with reasonable notice. Pro subscriptions are billed on a recurring basis (monthly or annually) through your app store account (Apple App Store or Google Play Store).

Free Trial: We may offer a free trial period. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends. You will be charged the applicable fee upon conversion. Free trial eligibility is limited to one trial per user, per device, per payment method, and is determined at our sole discretion. We reserve the right to revoke trial access if we suspect abuse.

Cancellation: You may cancel your subscription at any time through your app store account settings. Cancellation takes effect at the end of the current billing period. No refunds will be provided for partial billing periods. Upon cancellation, your account reverts to the Free tier.

Refunds: All purchases are handled through the Apple App Store or Google Play Store and are subject to their respective refund policies. We do not process refunds directly.

Price Changes: We reserve the right to change subscription prices at any time. Price changes will take effect at the start of the next billing cycle following notice. If you do not agree to a price change, you may cancel your subscription before it takes effect.

The Service includes a virtual points and rewards system. Points are earned through in-app activities and sessions and can be redeemed for user-created or preset rewards within the App.

Points and rewards: (a) have no monetary value whatsoever; (b) cannot be exchanged for cash, cryptocurrency, gift cards, or any form of currency or consideration; (c) are not transferable between accounts; (d) do not constitute property of any kind; (e) may be modified, adjusted, or reset by us at any time without prior notice or compensation.

Any rewards created by users (including through Partner Mode) are the sole responsibility of the users who create them. We are not responsible for the fulfillment, appropriateness, legality, or consequences of any user-created rewards. The Company makes no representations or warranties regarding rewards and has no obligation to enforce, mediate, or oversee reward fulfillment between users.

The "Partner Mode" feature allows a designated partner to access certain features of your account using a PIN code. You are solely responsible for: (a) determining who has access to your Partner PIN; (b) all actions taken through Partner Mode; (c) the content, appropriateness, and consequences of any rewards created through Partner Mode; and (d) any disputes arising from Partner Mode usage.

We are not responsible for any actions taken by individuals granted Partner Mode access, including but not limited to creation of inappropriate rewards, unauthorized point adjustments, or any other misuse. Partner Mode access is provided entirely at your own risk.

The Service uses artificial intelligence and machine learning to generate activity suggestions, trivia questions, and other content. AI-generated content is provided for informational and entertainment purposes only.

WE DO NOT GUARANTEE THE ACCURACY, SAFETY, AGE-APPROPRIATENESS, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY AI-GENERATED CONTENT. AI systems may produce errors, inappropriate content, factually incorrect information, or suggestions that are not suitable for your specific child or circumstances.

You are solely and exclusively responsible for: (a) evaluating all AI-generated suggestions before acting on them; (b) supervising all activities performed with your children, regardless of whether they were suggested by the Service; (c) determining the safety and appropriateness of any suggested activity for your specific child; and (d) any outcomes resulting from AI-generated suggestions.

THIS IS THE MOST IMPORTANT SECTION OF THESE TERMS.

The Service is designed to be operated exclusively by adults. You acknowledge and agree that:

• YOU are solely and exclusively responsible for the physical safety, emotional wellbeing, and supervision of your children at all times during any and all activities, games, sessions, or interactions facilitated by, suggested by, or related to the Service.
• The Company is NOT a childcare provider, babysitter, supervisor, or guardian. The Service does not replace adult supervision in any capacity.
• You must personally assess every activity for safety, age-appropriateness, physical ability, health considerations, environmental conditions, weather, allergens, choking hazards, and any other risk factors specific to your child before proceeding.
• Some suggested activities may involve physical movement, outdoor environments, cooking, tools, water, or other elements that carry inherent risk. You assume full responsibility for managing these risks.
• The "put the phone down" feature is not a substitute for parental supervision. You must remain present, alert, and actively supervising your children at all times.
• Any timer or tracking features are for motivational and informational purposes only and do not constitute a safety monitoring system.

We do not collect personal information directly from children under 13. Child profiles (names, ages, genders, avatars) are created and managed exclusively by the parent/guardian account holder. You represent and warrant that you have the legal authority to provide any information about your children that you enter into the Service.

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Use the Service to harm, exploit, endanger, or abuse any child or person in any way
• Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Reverse engineer, decompile, disassemble, or derive the source code of the App
• Use automated means (bots, scrapers, etc.) to access or interact with the Service
• Create multiple accounts to abuse free trial offers, promotional features, or the points system
• Reproduce, distribute, modify, or create derivative works based on the Service without express written permission
• Use the Service to collect personal information about other users
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Share your account credentials with any unauthorized person

The Service and all content, features, and functionality — including all information, software, text, displays, images, video, audio, design, game mechanics, activity content, algorithms, and the selection and arrangement thereof — are owned by the Company, its licensors, or other providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Distracted Dad name, logo, tagline ("Put the phone down, pick the kid up"), and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You may not use such marks without our prior written permission. All other trademarks not owned by us that appear in the Service are the property of their respective owners.

You may create content through the Service, including custom rewards, session notes, and child profiles ("User Content"). You retain ownership of your User Content but grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display such User Content solely in connection with operating and improving the Service.

You represent and warrant that your User Content does not violate any third party's rights and does not contain any illegal, harmful, or objectionable material. We reserve the right to remove any User Content at our sole discretion.

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, available at distracted.dad/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.

The Service may contain links to or integrate with third-party websites, services, or content not owned or controlled by us, including but not limited to the Apple App Store, Google Play Store, payment processors, and analytics providers. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk and governed by their respective terms.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (E) ANY ACTIVITY SUGGESTIONS WILL BE SAFE, APPROPRIATE, OR SUITABLE FOR YOUR FAMILY OR ANY SPECIFIC CHILD; (F) THE POINTS, REWARDS, OR GAMIFICATION SYSTEM WILL PRODUCE ANY PARTICULAR BEHAVIORAL OUTCOMES; OR (G) THE SERVICE WILL IMPROVE YOUR RELATIONSHIP WITH YOUR CHILDREN OR FAMILY.

THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL PARENTING ADVICE, FAMILY COUNSELING, CHILD PSYCHOLOGY, CHILD DEVELOPMENT GUIDANCE, OR THERAPY. IF YOU HAVE CONCERNS ABOUT YOUR FAMILY, YOUR CHILD'S DEVELOPMENT, OR YOUR CHILD'S WELLBEING, PLEASE CONSULT A QUALIFIED PROFESSIONAL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Any injury, harm, or damage to any person (including children) arising from activities performed based on suggestions from or facilitated by the Service
• Any emotional distress, psychological harm, or relationship damage
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Any issues arising from Partner Mode usage, user-created rewards, or the points system
• Any reliance on AI-generated content or suggestions
• Any failure of the Service to produce desired behavioral changes or outcomes
• Device damage, data loss, or service interruptions

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE LESSER OF: (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100 USD).

You agree to defend, indemnify, and hold harmless the Company and its affiliates, directors, officers, employees, agents, partners, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees) arising from or related to:

• Your use of or inability to use the Service
• Your violation of these Terms
• Your violation of any rights of any third party
• Any User Content you create or submit through the Service
• Any injury, harm, damage, or death occurring during activities facilitated by, suggested through, or in any way related to the Service
• Any actions taken by individuals granted access through Partner Mode
• Your failure to adequately supervise your children during use of the Service
• Any claims by your children, partner, family members, or any third party related to your use of the Service

You expressly acknowledge and agree that your use of the Service, and participation in any activities suggested by or facilitated through the Service, is at your sole and exclusive risk. You voluntarily assume all risks associated with such activities, including but not limited to risks of physical injury, property damage, emotional distress, and any other harm.

Activities suggested by the Service may involve physical exertion, outdoor environments, household items, food preparation, water, heights, animals, and other elements that carry inherent and foreseeable risks. You acknowledge these risks and accept full responsibility for evaluating and managing them.

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or your relationship with the Company shall be settled exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitral award may be enforced in any court of competent jurisdiction.

Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join more than one party's claims without the written consent of all affected parties.

Jury Trial Waiver: YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.

Time Limitation: Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the cause of action arose, or it is permanently barred.

Exceptions: Either party may seek injunctive or equitable relief in any court of competent jurisdiction for claims relating to intellectual property rights, unauthorized access, or data breaches.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including if you breach these Terms. Upon termination: (a) your right to use the Service ceases immediately; (b) all accumulated points, rewards, and virtual items are forfeited; (c) your account data may be permanently deleted at our discretion; and (d) you remain bound by all provisions that by their nature should survive termination.

Sections that survive termination include: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Assumption of Risk, Dispute Resolution, and Governing Law.

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, or third-party service outages.

We reserve the right to modify these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice via email or in-app notification. What constitutes a material change is determined at our sole discretion. Your continued use of the Service after modifications take effect constitutes acceptance of the updated Terms. If you do not agree, your sole remedy is to discontinue use of the Service.

If any provision of these Terms is held to be unenforceable, invalid, or illegal by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice or consent, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of our assets.

These Terms, together with our Privacy Policy and any other legal notices or policies published on the Service, constitute the entire agreement between you and the Company concerning the Service and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral.

If you have any questions about these Terms, please contact us at:

Distracted Dad LLC
Email: hello@distracted.dad
Website: distracted.dad