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Terms of Service

Terms of Service

Effective Date: February 14, 2026
Last Updated: February 14, 2026

1. Agreement to Terms

Welcome to FamilyHub! These Terms of Service ("Terms") constitute a legally binding agreement between you and Wherk LLC ("we," "us," or "our") governing your use of the FamilyHub mobile application and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

Contact Information:
Wherk LLC
Email: support@play-cal.com

2. Eligibility and Account Registration

2.1 Age Requirements

You must be at least 18 years old to create an account and use the Service. FamilyHub is intended for use by adults (parents, guardians, and caregivers). Children under 13 are prohibited from creating accounts or using the Service independently.

2.2 Account Creation

To use the Service, you must:

  • Provide accurate, current, and complete information
  • Maintain and update your information as necessary
  • Keep your account credentials secure and confidential
  • Notify us immediately of any unauthorized access

You are responsible for all activities that occur under your account.

2.3 Account Types

We may offer different account types (free, premium, family plans). Features and limitations vary by account type.

2.4 Parental Responsibility

By adding information about children to the Service, you represent and warrant that:

  • You are the parent or legal guardian of the children
  • You have authority to provide their information
  • You consent to our collection and use of children's information as described in our Privacy Policy
  • You will supervise any child's indirect use of the Service through your account

3. Subscription and Payment Terms

3.1 Subscription Plans

FamilyHub offers subscription-based access to premium features. Subscription details include:

  • Monthly subscription plans ($5-10/month, subject to change)
  • Automatic renewal unless canceled
  • Access to premium features during active subscription

3.2 Billing and Payment

By subscribing, you agree to:

  • Provide valid payment information
  • Authorize recurring charges to your payment method
  • Pay all applicable fees and taxes
  • Update payment information to avoid service interruption

3.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate.

3.4 Cancellation and Refunds

  • You may cancel your subscription at any time through the app settings
  • Cancellation takes effect at the end of the current billing period
  • You will retain access to premium features until the end of the paid period
  • We do not offer refunds for partial subscription periods except as required by law
  • Refunds for technical issues or service failures are at our sole discretion

3.5 Free Trials

We may offer free trial periods for new subscribers. At the end of the trial, you will be automatically charged unless you cancel before the trial ends.

3.6 Price Changes

We reserve the right to change subscription prices with at least 30 days' notice. Continued use after a price change constitutes acceptance of the new price.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service to:

  • Manage family schedules and events
  • Coordinate playdates and activities
  • Communicate with other parents and caregivers
  • Integrate with external calendar services
  • Send and receive event invitations

4.2 Prohibited Uses

You agree NOT to:

Illegal Activity:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Engage in fraud, harassment, or abuse
  • Impersonate any person or entity

Harmful Content:

  • Post threatening, defamatory, or obscene content
  • Share sexually explicit material involving minors
  • Distribute malware or malicious code
  • Spam or send unsolicited messages

Service Abuse:

  • Attempt to gain unauthorized access to the Service
  • Reverse engineer, decompile, or disassemble the app
  • Use automated tools (bots, scrapers) without permission
  • Interfere with the Service's operation or security
  • Create multiple accounts to abuse free trials or promotions

Misuse of Children's Information:

  • Collect or solicit information from children
  • Add children's information without parental authority
  • Use the Service for child exploitation in any form

4.3 Consequences of Violation

Violation of these Terms may result in:

  • Warning or temporary suspension
  • Permanent account termination
  • Legal action and reporting to authorities
  • No refund of subscription fees

5. User Content and Responsibilities

5.1 Your Content

You retain ownership of content you submit to the Service (messages, event details, calendar entries). By using the Service, you grant us a limited license to:

  • Store and display your content
  • Process your content to provide the Service
  • Share your content with other users as directed by you

5.2 Content Standards

All content must:

  • Be accurate and not misleading
  • Comply with applicable laws
  • Respect the rights and privacy of others
  • Not contain malicious code or harmful material

5.3 Monitoring and Removal

We reserve the right to:

  • Monitor user content for compliance with these Terms
  • Remove content that violates these Terms or applicable law
  • Suspend or terminate accounts for violations
  • Report illegal activity to authorities

We are not obligated to monitor content but may do so for safety and compliance purposes.

5.4 Backup and Data Loss

While we maintain regular backups, you are responsible for maintaining your own copies of important information. We are not liable for data loss except as caused by our gross negligence.

6. Third-Party Integrations

6.1 External Services

FamilyHub integrates with third-party services including:

  • Authentication: Clerk, Google OAuth, Apple Sign-In
  • Calendar Services: Google Calendar, Microsoft Outlook, Apple Calendar
  • Email Parsing: SendGrid, Evite, Paperless Post
  • Infrastructure: Supabase, Expo

6.2 Third-Party Terms

When you connect external services:

  • You agree to their respective terms of service and privacy policies
  • You authorize us to access specified data on your behalf
  • You can revoke access at any time through app settings
  • We are not responsible for third-party service failures or changes

6.3 API Access and Data Sync

By connecting external calendars or services:

  • You grant us permission to read and sync specified data
  • We will access only the data necessary to provide the Service
  • You can disconnect services at any time
  • We will delete synced data upon disconnection or account deletion

7. Intellectual Property Rights

7.1 Our IP

The Service, including its design, features, code, graphics, and content, is owned by Wherk LLC and protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, or distribute the Service
  • Use our trademarks or branding without permission
  • Remove or alter any copyright or proprietary notices
  • Create derivative works based on the Service

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

  • Download and use the app on your personal devices
  • Access and use the Service for personal, non-commercial purposes
  • Use features in accordance with these Terms

This license terminates upon account termination or violation of these Terms.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unlimited, perpetual license to use such feedback without compensation or attribution.

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains:

  • What information we collect and how we use it
  • How we protect children's privacy (COPPA compliance)
  • Your rights under GDPR and CCPA
  • How we secure and retain your data

By using the Service, you agree to our Privacy Policy, which is incorporated into these Terms by reference.

9. Communications

9.1 Service Communications

By creating an account, you consent to receive:

  • Service-related emails and notifications
  • Account and subscription updates
  • Security and privacy notices
  • Legal and regulatory communications

You cannot opt-out of essential service communications.

9.2 Marketing Communications

We may send promotional emails about new features or offers. You can opt-out of marketing communications at any time through:

9.3 Push Notifications

You can enable or disable push notifications through your device settings. Some notifications (e.g., security alerts) may be sent regardless of notification settings.

10. Disclaimers and Limitations of Liability

10.1 Service "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of accuracy, reliability, or availability
  • Warranties that the Service will be uninterrupted or error-free

10.2 No Professional Advice

FamilyHub is a scheduling and coordination tool. It does not provide:

  • Legal, medical, or professional advice
  • Childcare or supervision services
  • Background checks or vetting of other users

You are responsible for verifying the identity and suitability of individuals you interact with through the Service.

10.3 Third-Party Services

We are not responsible for:

  • The availability, accuracy, or content of third-party services
  • Changes to third-party APIs or integrations
  • Data loss resulting from third-party service failures
  • Actions or omissions of third-party service providers

10.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHERK LLC SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, consequential, or punitive damages
  • Loss of profits, data, or business opportunities
  • Service interruptions or technical failures
  • User content or conduct of other users
  • Any damages exceeding the amount you paid us in the 12 months prior to the claim

Some jurisdictions do not allow limitations on implied warranties or liability, so these limitations may not apply to you.

10.5 User Responsibility

You acknowledge that:

  • You are responsible for your interactions with other users
  • We do not conduct background checks on users
  • You should exercise caution and good judgment when sharing information
  • You are responsible for supervising your children
  • We are not a substitute for parental supervision or childcare services

11. Indemnification

You agree to indemnify, defend, and hold harmless Wherk LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your content or any content submitted through your account
  • Your violation of applicable laws or regulations

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

Upon termination:

  • Your subscription will be canceled (no refund for current period)
  • Your data will be deleted in accordance with our Privacy Policy
  • You must cease all use of the Service

12.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • Your account poses a security or legal risk
  • You fail to pay subscription fees
  • We cease offering the Service

12.3 Effect of Termination

Upon termination:

  • Your license to use the Service terminates immediately
  • We may delete your account and data
  • Sections of these Terms that should survive (e.g., indemnification, limitations of liability) remain in effect

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Informal Resolution

Before filing a claim, you agree to contact us at support@play-cal.com to attempt informal resolution. We will work in good faith to resolve disputes amicably.

13.3 Arbitration Agreement

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Wherk LLC agree to resolve disputes through binding arbitration instead of court, except for:

  • Small claims court actions
  • Intellectual property disputes
  • Violations of these Terms requiring injunctive relief

Arbitration Procedures:

  • Governed by the American Arbitration Association (AAA) Consumer Arbitration Rules
  • Conducted via phone, online, or written submissions (if preferred)
  • In-person hearings in your county of residence (if required)
  • Arbitrator's decision is final and binding

Class Action Waiver: You agree to bring claims only in your individual capacity, not as a class member or representative. Class actions and class arbitrations are not permitted.

13.4 Exceptions to Arbitration

Either party may seek injunctive relief in court to prevent irreparable harm. You may also file claims in small claims court if they qualify.

13.5 Opt-Out

You may opt-out of arbitration by sending written notice to support@play-cal.com within 30 days of first using the Service. You must include your name, email, and a statement that you opt-out of arbitration.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wherk LLC regarding the Service.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

14.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.4 Assignment

You may not assign or transfer these Terms or your account. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (e.g., natural disasters, government actions, network failures, pandemics).

14.6 Export Compliance

You agree to comply with all applicable export and import laws. You may not use the Service if you are located in a country subject to U.S. embargo or if you are on a U.S. government list of prohibited parties.

14.7 Notices

We may provide notices to you via:

  • Email to your registered email address
  • In-app notifications
  • Posting on the Service

Notices to us should be sent to support@play-cal.com.

14.8 Independent Contractors

You and Wherk LLC are independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.

15. Changes to These Terms

We may update these Terms from time to time to reflect:

  • Changes in law or regulations
  • New features or services
  • Improvements to the Service
  • Business or operational changes

Notice of Changes:

  • Material changes will be communicated via email or in-app notification
  • Changes will be posted with a new "Last Updated" date
  • Continued use after changes constitutes acceptance

If you do not agree to updated Terms, you must stop using the Service and may terminate your account.

16. Beta Features and Testing

We may offer beta or experimental features. These features:

  • Are provided "as is" with no warranties
  • May be modified or discontinued without notice
  • May have bugs or incomplete functionality
  • Should not be relied upon for critical use

By using beta features, you acknowledge their experimental nature and agree to provide feedback.

17. Accessibility

We strive to make the Service accessible to users with disabilities. If you encounter accessibility barriers, please contact support@play-cal.com.

18. Contact Us

If you have questions, concerns, or feedback about these Terms, please contact us:

Wherk LLC
Email: support@play-cal.com

For legal inquiries or notices:
Legal Department
Email: legal@play-cal.com

Thank you for using FamilyHub. We're committed to helping families stay connected and organized.

By using FamilyHub, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.