Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and SmittyHQ, LLC ("Smitty," "we," "us"). They govern your use of Smitty's assistant for family and household logistics, available over SMS/text, WhatsApp, email, and our web app (the "Service").

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you don't agree, please don't use the Service.

• You must be at least 18 years old to create an account.
• You confirm the information you give us is accurate, and that you're allowed to use the phone number and email you provide.
• The Service is currently offered only to users in the United States. We make no claim that the Service is appropriate or available elsewhere, and we don't target or knowingly serve users outside the U.S.

Smitty ingests information you send us — forwarded emails, attachments, texts, and messages — and organizes it into things like daily updates, reminders, calendars, lists, and answers to your questions. Smitty is a convenience and organizational tool. It is not a system of record, an emergency service, or a substitute for professional advice (see Section 9).

We may add, change, or remove features over time.

• You're responsible for activity under your account and for keeping your sign-in method (magic link / one-time code, or email and password) secure.
• Tell us promptly at security@smittyhq.com if you suspect unauthorized access.
• You may not share your account in a way that gives others access to another person's household data without authority to do so.

• By providing your phone number and opting in, you consent to receive service and transactional messages from Smitty — such as updates, reminders, confirmations, command responses, and support replies — over SMS and/or WhatsApp. We do not send marketing messages.
• Message and data rates may apply. Message frequency varies based on your use.
• Reply STOP at any time to opt out of all Smitty messaging (both SMS and WhatsApp). Reply HELP for help.
• SMS and WhatsApp delivery depend on third parties (including Twilio and Meta's WhatsApp platform) and your carrier. We can't guarantee that any message will be delivered, on time, or at all.

Your content. You keep ownership of the content you send to Smitty ("Your Content"). You grant us a limited, non-exclusive license to host, process, and transform Your Content solely to provide the Service to you (including sending it to our AI and infrastructure providers as described in the Privacy Policy). We don't sell Your Content, and we don't use it for advertising.

Information about other people. Smitty is designed to help you manage life for others — including children, partners, and household contacts — so Your Content will often include information about them, sometimes sensitive information like health or school details. You represent and warrant that:

• you have the authority and any necessary permission to share that information with us; and
• our processing of it to provide the Service to you is lawful.

You're responsible for honoring requests from people in your household to correct or delete their information (you can do this in the app, or contact privacy@smittyhq.com).

You agree not to:

• use the Service for anything illegal, harmful, or infringing;
• upload malware, attempt to breach security, or probe/scan our systems;
• attempt to access another user's account or household data;
• reverse engineer, scrape, or misuse the Service or our AI features;
• use the Service to harass, surveil, or harm another person; or
• send content you don't have the right to share.

We may suspend or terminate accounts that violate these Terms or put other users, the Service, or third parties at risk.

Smitty uses third-party AI (large language models) to read what you send and generate updates, reminders, and answers. As described in the Privacy Policy, our AI providers are contractually prohibited from retaining your content beyond what's needed to return a result, or from training on it.

AI output can be wrong, incomplete, or out of date. You're responsible for reviewing and verifying anything important before relying on it.

Smitty does not provide medical, legal, financial, or other professional advice, and nothing it generates should be treated as such. Do not rely on Smitty for emergencies or time-critical health or safety decisions. Always confirm critical information with the original source and the appropriate professional.

The Service relies on third parties (for example, Supabase, Railway, Twilio, Meta's WhatsApp platform, our AI provider, and others listed in the Privacy Policy). Your use of features that depend on them may also be subject to their terms. We're not responsible for third-party services we don't control.

The Service is currently provided free of charge. If we introduce paid features, we'll give you notice and the chance to choose before any charge applies, and we'll update these Terms with billing, renewal, cancellation, and refund details at that time.

• You can stop using Smitty anytime and delete your data by texting DELETE (then DELETE CONFIRM within the 24-hour window) or using the delete control in the web app, as described in the Privacy Policy.
• We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service.
• Sections that by their nature should survive termination (for example, content licenses you've granted for already-processed data, disclaimers, limitation of liability, and indemnification) will survive.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY MESSAGE, REMINDER, OR AI OUTPUT WILL BE TIMELY, ACCURATE, OR DELIVERED. Some jurisdictions don't allow certain warranty exclusions, so some of the above may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMITTYHQ, LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS ARISING FROM MISSED, DELAYED, OR INACCURATE REMINDERS, UPDATES, OR AI OUTPUT. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE PRIOR 12 MONTHS OR US$100. Some jurisdictions don't allow these limits, so some may not apply to you.

You agree to indemnify and hold SmittyHQ, LLC harmless from claims arising out of (a) Your Content, including information about other people that you weren't authorized to share, or (b) your violation of these Terms or of the law. [Counsel may scope this — consumer-facing indemnities are sometimes limited or omitted.]

If we make material changes, we'll notify you by email and in the web app at least 30 days before they take effect. Continuing to use the Service after that means you accept the updated Terms.

This Agreement is governed by the laws of the State of California, without regard to its conflict of law principles.

Informal Resolution. Before filing any formal claim, you agree to contact us at legal@smittyhq.com and give us 30 days to resolve the issue informally. Most concerns can be resolved this way.

Arbitration. If we can't resolve a dispute informally, you and SmittyHQ agree to resolve it through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. You waive your right to a jury trial and to participate in a class action.

Exceptions. Either party may bring an individual claim in small claims court. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction for issues involving intellectual property or unauthorized access to data.

Venue. For any dispute not subject to arbitration, you and SmittyHQ consent to the exclusive jurisdiction of the state and federal courts located in Alameda County, California.

Class Action Waiver. All disputes must be brought in your individual capacity. You may not bring a claim as a plaintiff or class member in any class or representative proceeding.

• Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
• Severability: if any part is unenforceable, the rest stays in effect.
• No waiver: our not enforcing a provision isn't a waiver of it.
• Assignment: you may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

• General: hello@smittyhq.com
• Legal: legal@smittyhq.com
• Privacy: privacy@smittyhq.com
• Security: security@smittyhq.com