Terms of Service

Effective date: May 5, 2026

1. Acceptance of Terms

By downloading, installing, or using any app published by Fundy Digital ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our apps. These Terms constitute a legally binding agreement between you and Fundy Digital.

2. Eligibility

You must be at least 13 years old to use our apps. By using our apps, you represent and warrant that you are at least 13 years of age. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to request verification of age at any time and to terminate accounts or block access for users who do not meet age requirements.

3. Use of Our Apps

You agree to use our apps only for lawful purposes and in accordance with these Terms. You may not:

4. AI-Generated Content

Certain Fundy Digital apps, including SayItWell, use artificial intelligence to generate text-based content. By using these features, you acknowledge and agree to the following:

Our AI features are subject to the acceptable use policies of our underlying AI provider. You agree not to use AI features to generate content that violates applicable law or the Anthropic Acceptable Use Policy.

5. Subscriptions and In-App Purchases

a. Subscription Terms

Some of our apps offer premium features through auto-renewing subscriptions. When you subscribe:

b. Cancellation

You may cancel your subscription at any time through your device's subscription management settings:

Cancellation takes effect at the end of the current billing period. You will retain access to premium features until the end of the period you have already paid for. Deleting the app does not cancel your subscription.

c. Refunds

All purchases are processed by Apple (App Store) or Google (Google Play), and their respective refund policies apply. We do not directly process payments or issue refunds. To request a refund:

Partial refunds for unused portions of a subscription period are not available from us. If you are an EU or UK consumer, this does not affect your statutory rights, including the right to a 14-day withdrawal period. By subscribing and accessing premium content immediately, you consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the service has been fully performed during the withdrawal period.

d. Price Changes

We may change subscription prices from time to time. Price changes will take effect at the start of the next billing period following notice of the price change. Your continued use of the subscription after the price change takes effect constitutes your agreement to the new price. If you do not agree to a price change, you may cancel your subscription before it renews.

e. Service Discontinuation

If we discontinue an app or its premium features, we will provide at least 30 days' notice. Active subscribers will receive access to premium features through the end of their current paid billing period. We are not obligated to provide refunds for future billing periods that have not yet been charged.

6. Intellectual Property

All content, design, code, and assets in our apps are owned by Fundy Digital and protected by applicable intellectual property laws. Nothing in these Terms grants you any rights to our intellectual property beyond the right to use the apps as intended under a limited, non-exclusive, non-transferable, revocable license.

7. User Content and Conduct

You retain ownership of any content you input into our apps (such as questionnaire responses and message context). By using AI generation features, you grant us a limited, non-exclusive license to transmit your input to our AI service provider solely for the purpose of generating content at your request. This license terminates when your content is no longer needed for processing.

You represent and warrant that your use of our apps will not violate the rights of any third party, including privacy rights, intellectual property rights, and rights of publicity. You are solely responsible for ensuring that you have the necessary rights and permissions to input any content into our apps, including personal information about yourself or others.

8. Indemnification

You agree to indemnify, defend, and hold harmless Fundy Digital and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from:

This indemnification obligation survives the termination of these Terms and your use of our apps.

9. Disclaimer of Warranties

Our apps are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy of AI-generated content. We do not warrant that our apps will be uninterrupted, error-free, or free of harmful components. We do not warrant the accuracy, completeness, or usefulness of any AI-generated content.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Fundy Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our apps, regardless of the cause of action or theory of liability, including but not limited to:

In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of our apps exceed the greater of (a) the amounts you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty U.S. dollars ($50.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Dispute Resolution and Arbitration

a. Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

b. Binding Arbitration

If we cannot resolve a dispute informally, you and Fundy Digital agree to resolve any claims relating to these Terms or our apps through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified by this section. The arbitration will be conducted in the English language.

The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including whether a claim is subject to arbitration. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

c. Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the jurisdiction of that court.

d. Class Action Waiver

You and Fundy Digital agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim, then that claim (and only that claim) shall be severed from arbitration and may be brought in court, while the remaining claims shall continue in arbitration.

e. 30-Day Opt-Out

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to [email protected] with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. If you opt out, neither you nor Fundy Digital can require the other to participate in an arbitration proceeding, and disputes will be resolved in court as described in the Governing Law section.

12. Export Control and Sanctions Compliance

You represent and warrant that you are not located in, and are not a citizen or resident of, any country that is subject to U.S. trade sanctions or embargoes (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List maintained by OFAC. You agree not to use our apps in violation of any applicable export control laws, trade sanctions, or regulations. Our AI features rely on third-party services (including Anthropic) that may impose additional jurisdictional restrictions.

13. Termination

We may suspend or terminate your access to our apps at any time, with or without notice, for conduct that we determine in our sole discretion violates these Terms, is harmful to other users or third parties, or is otherwise objectionable. Upon termination, your right to use our apps ceases immediately. Sections that by their nature should survive termination (including Indemnification, Limitation of Liability, Dispute Resolution, and Disclaimer of Warranties) will survive.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through our apps or by other appropriate means prior to the changes taking effect. Your continued use of our apps after the updated Terms become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using our apps.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. To the extent that litigation is permitted under these Terms (including claims not subject to arbitration), you consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any app-specific terms, constitute the entire agreement between you and Fundy Digital regarding your use of our apps and supersede all prior agreements and understandings.

18. Contact

If you have questions about these Terms, contact us at [email protected].

See also: Privacy Policy