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.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or 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, messages, and voice notes — and organizes it into things like daily digests, 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 10).

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

Subject to these Terms, Smitty grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal household use. We reserve all rights not expressly granted.

• 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 US mobile number and opting in as an active account holder, you consent to receive service and transactional messages from Smitty — such as family schedule digests, reminders, clarifications, confirmations, command responses, and support replies — over SMS and/or WhatsApp. We do not send marketing messages, use purchased lists, or send cold outreach.
• Msg & data rates may apply. Message frequency varies; you will typically receive one or two scheduled digest messages per day plus occasional service messages.
• SMS requires authenticated web opt-in with an unchecked consent checkbox and a YES reply before messages begin.
• 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"), including voice notes. 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, and sometimes their voices in voice notes. 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.

Shared household information. Smitty allows information to be shared, updated, and organized across members of a household. We do not independently verify whether a person has authority to create, modify, or delete shared household information, and we are not responsible for disputes between household members regarding shared data, reminders, calendars, lists, or other information managed through the Service.

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).

We may remove, refuse to process, or disable access to any content if we reasonably believe it violates these Terms, applicable law, or could expose Smitty, our users, or third parties to legal, security, or operational risk.

You agree not to:

• use the Service for any unlawful, fraudulent, deceptive, harmful, or infringing purpose;
• upload malware, viruses, or other malicious code;
• attempt to gain unauthorized access to the Service, other user accounts, or our systems;
• probe, scan, or test the vulnerability of our systems without authorization;
• reverse engineer, copy, scrape, frame, mirror, or otherwise misuse the Service or any AI-generated output except as permitted by law;
• interfere with or disrupt the operation, integrity, or security of the Service;
• use bots, automation, or other means to overload or abuse the Service;
• impersonate another person or misrepresent your identity or authority;
• use the Service to stalk, harass, threaten, surveil, exploit, or harm another person;
• submit content that you do not have the legal right to share; or
• engage in any activity that, in our sole judgment, exposes Smitty, our users, our service providers, or any third party to legal, security, operational, reputational, or financial risk.

We reserve the right to investigate any suspected violation of these Terms. We may remove content, limit features, suspend access, or terminate accounts whenever we reasonably believe doing so is necessary to protect the Service, our users, ourselves, or third parties.

Smitty uses third-party AI to read what you send and generate digests, reminders, and answers. Text is processed by Anthropic; supported voice notes are transcribed by OpenAI. As described in the Privacy Policy, our AI providers are not permitted to train on your content. For voice notes, we send the audio to OpenAI solely to create a transcript, which is then handled like message text.

AI output can be wrong, incomplete, or out of date, and transcriptions may contain errors. 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, Anthropic, OpenAI, 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.

We are not responsible for outages, interruptions, delays, failures, or changes caused by third-party providers, including cloud infrastructure, messaging providers, AI providers, telecommunications carriers, or other service providers on which the Service depends.

Smitty is a paid household subscription after a 30-day free trial. Launch pricing is published on the Pricing page. Billing is handled by Stripe. Charges appear on your statement as SMITTYHQ LLC.

No payment method is required to start the trial. You may optionally save a card during the trial. If a valid payment method is on file at trial end, Stripe charges then. If not, access pauses and product data is retained for 30 days.

You may cancel online at any time; access continues through the current paid-through date. If you intended to cancel but were renewed, contact billing@smittyhq.com within five calendar days of the renewal charge for a full refund of that renewal (access ends after an approved refund). Partial refunds are handled by support only.

Failed renewal payments receive a seven-day grace period before paid access pauses.

You may stop using the Service at any time. You may delete your account and request deletion of your data by texting DELETE (and then DELETE CONFIRM within the applicable confirmation window) or by using the deletion controls available in the web app, as described in our Privacy Policy.

We may suspend, restrict, disable, or terminate your account or access to all or any portion of the Service, with or without notice, at any time, in our sole discretion, for any reason or no reason, including if we believe that:

• you have violated these Terms;
• your use of the Service creates or may create legal, regulatory, security, operational, reputational, or financial risk;
• we suspect fraud, abuse, unauthorized access, deceptive conduct, or unlawful activity;
• your use interferes with the operation, integrity, or security of the Service;
• your use may harm other users, our service providers, or third parties; or
• suspension or termination is otherwise necessary to protect Smitty, our users, or the public.

We may also modify, suspend, discontinue, or remove any feature or the entire Service at any time without liability to you.

Except where required by applicable law, we are not obligated to provide advance notice, explain the reasons for suspension or termination, or restore any terminated account.

Sections of these Terms that by their nature should survive termination—including licenses, disclaimers, limitations of liability, dispute resolution, indemnification, and any accrued rights or obligations—will survive termination.

Your use of the Service is a revocable license, not a vested right. Nothing in these Terms obligates Smitty to continue providing the Service, maintain any feature, preserve any particular functionality, or retain your account or data for any minimum period, except where required by applicable law.

THE SERVICE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMITTYHQ, LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME;
• THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR;
• ANY AI OUTPUT, REMINDER, CALENDAR ENTRY, TRANSCRIPTION, DIGEST, OR MESSAGE WILL BE ACCURATE, COMPLETE, OR TIMELY;
• THE SERVICE WILL PREVENT MISSED EVENTS OR MISSED DEADLINES; OR
• THE SERVICE WILL BE FREE FROM SECURITY BREACHES OR OTHER HARMFUL COMPONENTS.

YOU ARE RESPONSIBLE FOR VERIFYING IMPORTANT INFORMATION BEFORE RELYING ON IT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMITTYHQ, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO THE SERVICE.

THIS INCLUDES ANY LOSS RESULTING FROM:

• MISSED REMINDERS;
• INCORRECT AI OUTPUT;
• TRANSCRIPTION ERRORS;
• DELAYED OR UNDELIVERED MESSAGES;
• DATA LOSS;
• SERVICE OUTAGES;
• THIRD-PARTY FAILURES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID US DURING THE TWELVE MONTHS BEFORE THE CLAIM; OR

(B) US $100.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify, and hold harmless SmittyHQ, LLC, its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• (a) Your Content;
• (b) your violation of these Terms;
• (c) your misuse of the Service;
• (d) your violation of applicable law; or
• (e) your infringement of another person's rights.

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.

Force Majeure. Smitty shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, internet outages, labor disputes, acts of government, cyberattacks, failures of third-party providers, telecommunications failures, or interruptions in AI or cloud infrastructure.

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