REMEMBERLY TERMS OF USE

1. ACCEPTANCE OF TERMS

Welcome to Gus, the AI-powered voice companion service provided by Rememberly, LLC ("Rememberly," "we," "us," or "our"). By accessing or using the Gus mobile application, website, or any related services (collectively, the "Service"), you ("you," "your," or "User") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and Rememberly, LLC. We reserve the right to modify these Terms at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS ON OUR LIABILITY, A BINDING ARBITRATION PROVISION, AND A CLASS ACTION WAIVER.

2. DESCRIPTION OF SERVICE

Gus is an AI-powered voice companion designed to provide conversational engagement, companionship, and assistance with daily tasks for elderly users and their caregivers. The Service includes:

• Voice-based conversational AI that can engage in natural dialogue
• Memory and context retention to personalize interactions
• Task assistance such as reminders, information lookup, and simple queries
• Social connection features including communication facilitation with family members
• Proactive engagement to reduce loneliness and provide companionship

2.1 Important Limitations

NOT MEDICAL ADVICE: Gus is NOT a medical device and does NOT provide medical advice, diagnosis, or treatment. Any health-related information provided is for general educational purposes only.

NOT EMERGENCY SERVICES: Gus is NOT a substitute for emergency services. In case of emergency, always call 911 or your local emergency number immediately. The Service does not include an outbound dialer and cannot be used as a phone for emergency or any other purposes.

NOT PROFESSIONAL CARE: Gus does NOT replace professional caregiving, medical professionals, or mental health services.

ASSISTIVE TECHNOLOGY ONLY: The Service is designed as a supplemental tool to support quality of life and should not be relied upon for critical health or safety decisions.

MEDICATION REMINDERS DISCLAIMER: While the Service may be used for medication reminders, these reminders are not considered an official feature of Gus and are NOT guaranteed to be accurate, timely, or complete. You must NOT rely solely on the Service for medication management. We are NOT responsible for any missed medications, incorrect dosages, or health consequences resulting from reliance on medication reminders. Always follow your healthcare provider's instructions and use additional reminder systems.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirements

You must be at least 18 years of age to create an account. If you are registering the Service for an elderly user (the "Primary User"), you affirm that:

• You have the legal authority to act on behalf of the Primary User
• You have obtained appropriate consent from the Primary User to register them for the Service
• You will ensure the Primary User understands the nature and limitations of the Service

3.2 Capacity to Consent

If the Primary User has cognitive impairment or diminished capacity:

• The person registering the account represents that they have legal authority (such as power of attorney, guardianship, or healthcare proxy) to consent on behalf of the Primary User
• You agree to use the Service in the Primary User's best interest
• You acknowledge that the Service is not designed to assess or accommodate varying levels of cognitive capacity
• You accept responsibility for monitoring the Primary User's use of the Service

3.3 Account Information

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.4 Account Types

The Service supports multiple account types:

• Primary User Account: For the individual using the Service as their companion
• Family/Caregiver Account: For authorized family members or caregivers with appropriate access levels granted by the Primary User or their legal representative

4. AUDIO PROCESSING AND PRIVACY

4.1 Audio Collection and Processing

The Gus Service operates through voice interaction, which requires audio processing. By using the Service:

Microphone Access: The Service requires access to your device's microphone to function. You can grant or revoke this permission through your device settings.

Mute Capability: The Service includes a mute function that allows you to temporarily pause audio processing. When muted, the Service will not actively listen or process audio until you restore microphone access.

Conversation Recording: Audio may be recorded and processed to provide, improve, and personalize the Service. This includes:

• Real-time speech-to-text conversion
• Natural language processing for understanding intent
• Memory storage for personalized interactions
• Quality improvement and troubleshooting

4.2 Beta Program Participants

If you participate in our Beta Program, you additionally consent to:

• Allowing anonymized quotes to be extracted from conversation transcripts for marketing and promotional purposes
• Providing feedback on Service features and functionality
• Receiving more frequent updates and potential service interruptions
• Understanding that Beta features may be incomplete, contain bugs, or be discontinued

Beta participation is voluntary. You may opt out at any time by contacting support@remember.ly.

4.3 Data Storage and Retention

• Conversation History: We store conversation transcripts and summaries to provide continuity in interactions
• User Preferences: We retain information about user preferences, interests, and interaction patterns
• Retention Period: Data is retained as described in our Privacy Policy
• Data Deletion: You may request deletion of your data as described in Section 13

4.4 Protected Health Information (PHI) Disclaimer

IMPORTANT: The Service is NOT a HIPAA-covered entity and is NOT designed to store or transmit Protected Health Information (PHI). While Rememberly will attempt, to the best of its ability, to remove and de-identify health-related information, it is possible that some PHI may be stored in our database, logs, or those of third-party processors. You should not share sensitive medical information through the Service that you would not want stored or potentially disclosed.

4.5 Third-Party Audio Processing

The Service utilizes third-party AI providers (including but not limited to ElevenLabs, Anthropic, Exa, Tavily, Mem0, OpenAI, and others) for audio processing and AI responses. These providers may process audio data and conversation content according to their own terms and privacy policies. We select providers that maintain appropriate security standards, but you acknowledge that data may be processed by these third parties.

4.6 Memory and Recall Accuracy

The Service uses AI-powered memory to recall previous conversations and user preferences. However:

• AI memory may be incomplete, inaccurate, or inconsistent
• The Service may "remember" information incorrectly or forget important details
• You should NOT rely on the Service's memory for critical information
• Always verify important information independently
• We are NOT liable for any consequences arising from inaccurate recall

5. USER RESPONSIBILITIES AND PROHIBITED CONDUCT

5.1 Appropriate Use

You agree to use the Service only for its intended purpose as a conversational companion and assistive tool. You will NOT:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to bypass or interfere with security features of the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Use automated means (bots, scrapers) to access the Service
• Impersonate any person or entity or misrepresent your affiliation
• Transmit any viruses, malware, or harmful code
• Violate the privacy or other rights of third parties
• Use the Service to harass, abuse, or harm others
• Share account credentials with unauthorized persons
• Use the Service to record conversations of third parties without their consent where required by law

5.2 Critical Decisions

You acknowledge and agree that:

• No Reliance for Critical Matters: You will NOT rely on the Service for time-critical activities, emergency situations, or decisions that could impact health, safety, or wellbeing
• Independent Verification: Any information provided by the Service should be independently verified before taking action
• Professional Consultation: You will consult appropriate professionals (medical, legal, financial) for matters requiring expert guidance

5.3 Emergency Situations

In case of emergency:

• Call 911: Always call emergency services directly rather than relying on the Service
• Service Limitations: The Service may not reliably detect, interpret, or respond to emergency situations
• No Emergency Response: We do not monitor the Service for emergency situations and do not provide emergency response services
• No Phone Capability: The Service does not include an outbound dialer and cannot be used to make phone calls

6. ASSUMPTION OF RISK

6.1 Acknowledgment of Risks

By using the Service, you acknowledge and accept the following risks:

• AI Limitations: The Service uses artificial intelligence which may produce errors, misunderstandings, hallucinations, or inappropriate responses
• No Guarantee of Availability: The Service may be unavailable due to technical issues, maintenance, or circumstances beyond our control
• Communication Failures: Messages, reminders, or notifications may not be delivered or may be delayed
• Privacy Risks: Despite our security measures, no system is completely secure against unauthorized access
• Third-Party Dependence: The Service depends on third-party providers whose services may fail or change

6.2 Elderly User Considerations

You specifically acknowledge that:

• The Service is designed for elderly users who may have unique vulnerabilities
• The Service is NOT a substitute for human supervision, caregiving, or professional medical monitoring
• Users with cognitive impairment may interact with the Service in unexpected ways
• Family members and caregivers should regularly monitor the Primary User's wellbeing independently of the Service
• Reliance on the Service for monitoring an elderly person's health or safety is done entirely at your own risk

6.3 Voluntary Assumption

YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO RISKS OF PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER HARM THAT MAY RESULT FROM RELIANCE ON THE SERVICE OR ITS FAILURE TO PERFORM AS EXPECTED.

7. LIMITATIONS AND DISCLAIMERS

7.1 AI Limitations

You understand and acknowledge that:

• AI Technology: Gus uses artificial intelligence, which may produce errors, misunderstandings, hallucinations, or inappropriate responses
• No Guarantee of Accuracy: We do not guarantee the accuracy, completeness, or reliability of any information provided by the Service
• Continuously Evolving: The AI system is continuously improving but may have limitations in understanding context, nuance, or complex requests
• No Replacement for Human Interaction: The Service is not a substitute for human companionship, professional care, mental health care, or medical attention

7.2 Technical Limitations

• Internet Dependency: The Service requires a stable internet connection and may not function properly without connectivity
• Device Compatibility: The Service may not work optimally on all devices or operating systems
• Service Availability: We do not guarantee uninterrupted access to the Service and provide NO service level agreement (SLA)
• Audio Quality: Performance depends on microphone quality, ambient noise, and other environmental factors

7.3 Communication Limitations

• One-Way Texting: Any text messaging capability provided by the Service is one-way only (from User to recipient). It does not allow for two-way messaging from recipient back to User. If a reply is sent, the User will not receive it. We are not responsible for lost communications.
• Notification Delivery: Push notifications, reminders, and alerts may fail to deliver due to device settings, network issues, or other factors beyond our control
• No Guaranteed Delivery: We do NOT guarantee delivery of any message, reminder, or notification

7.4 No Medical Device

CRITICAL NOTICE: The Service is NOT a medical device and is NOT intended for use in:

• Diagnosis, cure, mitigation, treatment, or prevention of disease
• Detection, monitoring, or management of medical conditions
• Support or sustaining life
• Time-critical healthcare decisions
• Medication management or adherence monitoring
• Fall detection or emergency response

The Service has NOT been evaluated or approved by the FDA or any regulatory authority as a medical device.

7.5 Third-Party Content and Links

The Service may reference or link to third-party websites, products, or services. We do not endorse, control, or assume responsibility for any third-party content. Your interactions with third parties are solely between you and such third parties.

7.6 No Insurance

The Service does NOT provide or constitute any form of insurance coverage, including but not limited to health insurance, life insurance, or liability insurance.

8. ELECTRONIC COMMUNICATIONS CONSENT

8.1 Consent to Electronic Communications

By creating an account or using the Service, you consent to receive electronic communications from us, including:

• Service-related emails and notifications
• Account updates and security alerts
• Billing and payment confirmations
• Marketing communications (you may opt out as described below)

8.2 Text Message Consent (TCPA Compliance)

By providing your mobile phone number and enabling text messaging features, you expressly consent to receive text messages from Rememberly, including:

• Service notifications and alerts
• Reminders configured through the Service
• Account-related messages

Message and data rates may apply. Message frequency varies. You may opt out of text messages at any time by replying STOP to any message or by adjusting your account settings. Opting out of text messages will not affect other Service functionality.

You represent that you are the owner or authorized user of the phone number provided and that you have authority to consent to receiving text messages at that number.

8.3 Electronic Signatures

By clicking "I Accept," creating an account, or using the Service, you agree that such actions constitute your electronic signature, which is legally binding and equivalent to your handwritten signature under the Electronic Signatures in Global and National Commerce Act (ESIGN Act).

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership

All content, features, and functionality of the Service (including but not limited to software, text, displays, images, audio, and design) are owned by Rememberly, LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

9.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Create derivative works based on the Service
• Attempt to extract source code or reverse engineer the Service
• Remove or modify any proprietary notices
• Use any of our trademarks or branding without written permission

9.4 User Content

You retain ownership of any content you provide to the Service (such as recorded stories, personal information, or other inputs). By providing content, you grant us a worldwide, royalty-free license to use, store, and process that content solely to provide and improve the Service.

10. PAYMENT TERMS AND SUBSCRIPTIONS

10.1 Subscription Plans

The Service is offered through various subscription plans:

• Standard Plan: Base features and functionality
• Premium Plans: Enhanced features, including mobile access ("Gus on the Go")

Current pricing is available at www.remember.ly/pricing.

10.2 Billing

• Timing: Service subscription fees are billed monthly in advance
• Recurring Billing: Subscriptions renew automatically unless cancelled
• Payment Methods: We accept payment via credit card or other methods as specified in the Service
• Price Changes: We reserve the right to change pricing with 30 days' notice
• Taxes: Prices do not include applicable taxes, which will be added as required by law

10.3 Cancellation and Refunds

• Cancellation: You may cancel your subscription at any time through your account settings or by contacting support
• Effective Date: Cancellation takes effect at the end of the current billing period
• No Refunds: We do not provide refunds for partial months or unused portions of subscription periods
• Access After Cancellation: You will retain access to the Service until the end of your paid period

10.4 Free Trials

If we offer a free trial:

• Free trial eligibility is limited to new users only
• We may require valid payment information before starting the trial
• If not cancelled before the trial ends, you will be charged for the selected subscription plan
• We reserve the right to limit or modify free trial offers

11. TERM AND TERMINATION

11.1 Term

These Terms remain in effect while you use the Service.

11.2 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through account settings
• Contacting customer support in writing at support@remember.ly
• Following the account deletion process in the app

11.3 Termination by Us

We may suspend or terminate your access to the Service immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account has been inactive for an extended period (12 months or more)
• Your Service subscription payment becomes more than thirty (30) days past due
• We discontinue the Service (with reasonable notice)
• Required by law or legal process

11.4 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data after a reasonable retention period (90 days)
• Provisions of these Terms that by their nature should survive (such as disclaimers, limitations of liability, indemnification, and dispute resolution) will remain in effect

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY

12.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR AVAILABILITY
• UNINTERRUPTED OR ERROR-FREE OPERATION

WE DO NOT WARRANT THAT:

• The Service will meet your requirements
• The Service will be available at any particular time or location
• Any errors or defects will be corrected
• The Service is free of viruses or harmful components
• Results obtained from the Service will be accurate or reliable
• Reminders or notifications will be delivered on time or at all
• The AI will respond appropriately in all situations

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL REMEMBERLY, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM:
  • Your use or inability to use the Service
  • Others' use of the Service in your presence
  • Unauthorized access to or alteration of your data
  • Statements or conduct of any third party on the Service
  • Reliance on information provided through the Service
  • Missed or delayed reminders, notifications, or messages
  • AI errors, hallucinations, or inappropriate responses
  • Failure to detect emergencies or critical situations
  • Any health-related consequences from use of or reliance on the Service
  • Any other matter relating to the Service

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Maximum Liability

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The subscription amount you paid us in the 12 months preceding the claim, OR
• $100.00

12.4 Essential Terms

YOU AGREE THAT THESE LIMITATIONS AND DISCLAIMERS ARE ESSENTIAL ELEMENTS OF THESE TERMS AND THAT WITHOUT THESE LIMITATIONS, THE PRICING AND AVAILABILITY OF THE SERVICE WOULD BE SIGNIFICANTLY DIFFERENT. YOU HAVE BEEN ADVISED OF AND UNDERSTAND THESE LIMITATIONS.

12.5 State-Specific Rights

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such states, our liability is limited to the maximum extent permitted by law.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Rememberly, LLC, its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or any information you provide through the Service
• Any misuse of the Service
• Any decisions made in reliance on the Service
• Any claims by or on behalf of the Primary User
• Your failure to obtain proper consents or authorizations
• Any third-party claims arising from your use of the Service

14. PRIVACY AND DATA PROTECTION

14.1 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy.

14.2 HIPAA Disclaimer

IMPORTANT NOTICE: The Service is NOT covered by the Health Insurance Portability and Accountability Act (HIPAA) and is NOT intended for use in creating, storing, or transmitting Protected Health Information (PHI) as defined by HIPAA.

• You may NOT use the Service to store or transmit PHI
• Any health information shared through the Service should be limited to general, non-identifiable information
• You are responsible for ensuring your use of the Service complies with applicable healthcare privacy laws

14.3 Children's Privacy

The Service is not intended for use by children under 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected information from a child under 13, we will delete it promptly.

14.4 Data Breach Notification

In the event of a data breach affecting your personal information, we will notify you as required by applicable law. See our Privacy Policy for details.

14.5 California Privacy Rights

California residents have specific rights under the California Consumer Privacy Act (CCPA). Please see our Privacy Policy for details about your rights and how to exercise them.

15. DATA ACCESS, PORTABILITY, AND DELETION

15.1 Accessing Your Data

You have the right to access the personal data we hold about you. You can:

• View and manage your information through your account settings
• Request a copy of your data by contacting support@remember.ly

15.2 Data Portability

You may request a machine-readable copy of your data in commonly used formats. We will provide this within 30 days of your request.

15.3 Data Deletion

You may request deletion of your account and associated data by:

• Using the account deletion feature in the app
• Contacting support@remember.ly
• Sending a written request to our mailing address

Important Notes:

• Deletion may take up to 30 days to complete
• Some data may be retained for legal or operational purposes as described in our Privacy Policy
• Deletion is permanent and cannot be undone
• We may retain anonymized or aggregated usage data that cannot identify you

15.4 Data Retention

After account deletion, we will:

• Delete or anonymize personal data within 90 days
• Retain certain data for legal compliance, fraud prevention, or dispute resolution
• Maintain anonymized analytics data for product improvement

16. DISPUTE RESOLUTION

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

16.2 Informal Resolution

Before filing a claim, you agree to contact us at legal@remember.ly to attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If the dispute is not resolved within 60 days of submission, you or we may bring a formal proceeding.

16.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.

You and Rememberly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved through binding individual arbitration, EXCEPT that:

• Either party may bring an individual action in small claims court
• Either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights

By agreeing to these Terms, you and Rememberly are each waiving the right to:

• Have disputes resolved in court by a judge or jury
• Participate in a class action, consolidated action, or representative action

16.4 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator will have exclusive authority to resolve all Disputes, including but not limited to:

• The scope, enforceability, and arbitrability of this arbitration provision
• Whether a Dispute is subject to arbitration

The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

16.5 Location and Costs

• Arbitration will be conducted by telephone, online, or based solely on written submissions unless otherwise agreed
• If an in-person hearing is required, it will take place in Harris County, Texas, or another location reasonably convenient to both parties
• Each party will bear its own costs of arbitration, unless the arbitrator determines otherwise
• We will pay AAA filing fees for claims less than $10,000

16.6 Opt-Out

You have the right to opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to:

Rememberly, LLC
Attn: Legal Department - Arbitration Opt-Out
32527 Green Bend Ct
Magnolia, TX 77354

Your notice must include your name, address, email address, and a clear statement that you want to opt out of the arbitration agreement.

16.7 Class Action Waiver

You and Rememberly agree that any proceedings to resolve Disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you nor we will participate in a class action regarding any Dispute.

If a court determines that this class action waiver is unenforceable, then the arbitration agreement will be void, and the Dispute will be resolved in court.

17. GEOGRAPHIC RESTRICTIONS

The Service is controlled and operated from the United States. We make no representation that the Service is appropriate or available for use in other locations. If you access the Service from outside the United States:

• You are responsible for compliance with local laws
• You consent to the transfer of your data to the United States
• You acknowledge that the Service may not function as intended in all regions

18. MODIFICATIONS TO SERVICE

We reserve the right to:

• Modify or discontinue the Service (or any part thereof) at any time, with or without notice
• Change features, functionality, or content
• Impose limits on certain features or restrict access to parts of the Service

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

19. MODIFICATIONS TO TERMS

19.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Post the revised Terms on our website and in the app
• Notify you through the Service or via email (if we have your email address)

19.2 Acceptance of Modified Terms

Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account.

19.3 Material Changes

For material changes that significantly affect your rights, we will provide at least 30 days' notice before the changes take effect. Material changes may include:

• Changes to payment terms or pricing
• Significant changes to data collection or use practices
• Changes to dispute resolution procedures
• Changes to service limitations or disclaimers

20. GENERAL PROVISIONS

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and Rememberly concerning the Service and supersede any prior agreements.

20.2 Waiver

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

20.3 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.

20.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

20.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person or entity not party to these Terms will be deemed a beneficiary of these Terms.

20.6 Force Majeure

We will not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, power outages, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20.7 Notices

All notices to you will be provided:

• Via email to the address associated with your account
• Through notifications in the Service
• By posting on our website

You may provide notice to us at:

Email: legal@remember.ly
Mail:
Rememberly, LLC
Attn: Legal Department
32527 Green Bend Ct
Magnolia, TX 77354

21. ACCESSIBILITY

We are committed to making the Service accessible to users with disabilities. If you have difficulty using or accessing any element of the Service, please contact us at accessibility@remember.ly, and we will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you.

22. FEEDBACK AND SUGGESTIONS

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service ("Feedback"). You may submit Feedback by emailing us at feedback@remember.ly or through the feedback features in the Service.

By submitting Feedback, you:

• Grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and commercialize the Feedback
• Represent that you have the right to grant this license
• Waive any moral rights in the Feedback

We are under no obligation to use or implement any Feedback, and you will not receive any compensation for Feedback you provide.

23. EXPORT CONTROLS

The Service may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not:

• Located in a country that is subject to a U.S. Government embargo
• Listed on any U.S. Government list of prohibited or restricted parties

24. CONTACT INFORMATION

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

Email: legal@remember.ly
Support: support@remember.ly
Phone: 839-225-5487
Mail:
Rememberly, LLC
Attn: Legal Department
32527 Green Bend Ct
Magnolia, TX 77354
Website: www.remember.ly

ACKNOWLEDGMENT

BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms of Use
• You agree to be bound by these Terms
• You understand the limitations and disclaimers set forth herein
• You understand that the Service is NOT a medical device or medical service
• You understand that you should NOT rely on the Service for critical health, safety, or emergency situations
• You understand that medication reminders are NOT guaranteed and should not be your sole method of medication management
• You understand that the AI may make errors and should not be relied upon for accurate information
• You understand that you may temporarily mute the Service to pause audio processing
• You consent to receive electronic communications from us
• If registering for another person, you have legal authority to do so
• You voluntarily assume the risks associated with using the Service

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.