Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are an agreement between you and PDA Question ("we," "us," or "our") governing your access to and use of the PDA Question mobile application (the "App"), website (the "Site"), and related consumer services (collectively, the "Services").

By downloading, installing, accessing, or using the Services on or after the Revised Effective Date, you agree to these Terms as an individual user. If you do not agree, do not use the Services.

Our Privacy Policy explains how information is handled. It is provided primarily as a notice of data practices and is not incorporated into these Terms as a separate set of contractual promises.

2. Eligibility and Permitted Use

You must be at least 18 years old and have the legal capacity to agree to these Terms to use the Services directly.

An App Store designation such as "Rated 13+" describes the storefront's content rating. It does not change the requirement that direct users of PDA Question be at least 18.

Adults may use PDA Question to support a child in their family or care and may enter information concerning that child. You are responsible for having the rights, permissions, or authority reasonably necessary to provide information about another person.

PDA Question is currently offered as a consumer and family service, not as an institutional service for organizations, schools, clinics, agencies, or professional practices. A family may choose to share an output with a teacher, clinician, or other support person, and that person may review what the family shares. These Terms do not authorize a professional or organization to independently submit client, patient, or student information on an institution's behalf.

When using the Services, you agree that:

• You will comply with these Terms and applicable law
• You will not use the Services for an unlawful purpose
• You will not misrepresent your authority to provide information about another person

3. Educational and Safety Boundaries

3.1 Contextual Educational Support

PDA Question’s general concepts, strategies, and action plans were developed by comparing recurring ideas across multiple independent educational, professional, research, and lived-experience sources, then translating those shared principles into original, practical guidance.

The App uses the circumstances and context you supply to tailor an educational Understanding, Script, or Professional Letter. This can help you consider a difficult moment and find language to try, but it is not a clinical assessment.

3.2 Not Healthcare, Diagnosis, or Treatment

PDA Question is not a healthcare professional or licensed clinical service. It does not diagnose or treat PDA, autism, or any other medical or mental-health condition, and using it does not create a doctor-patient, therapist-client, or other professional relationship.

The Services do not replace individualized medical, mental-health, educational, legal, or other professional judgment. Seek appropriate qualified support when a situation calls for it.

3.3 AI Limitations and Reasonable Judgment

The App sends eligible content through the PDA Question backend to OpenAI to generate responses and currently uses a developer-created fine-tuned model. Historical developer fine-tuning is distinct from current request generation; generating a response does not itself retrain that model. See our Privacy Policy for provider and data-handling details.

AI-generated content can be incomplete, inaccurate, outdated, or inappropriate for a particular situation. Consider the context, use reasonable judgment, and use only material that you believe is safe and helpful. Seek professional assistance when health, safety, care, or other circumstances require it.

3.4 Emergencies and Crises

PDA Question is not an emergency, crisis-intervention, or suicide-prevention service. If someone may be in immediate danger or is experiencing a medical or mental-health emergency, contact 911 or the appropriate local emergency or crisis service. Do not wait for or rely on a PDA Question response in an emergency.

4. Limited Warranties and Availability

We work to make PDA Question useful and reliable, but the Services are provided on an "as is" and "as available" basis to the extent permitted by law. We do not promise that content will always be accurate, complete, current, error-free, or suitable for every child, family, or circumstance.

We do not guarantee that any Understanding, Script, letter, strategy, or other output will produce a particular result. Every child, family, and situation is different.

We also do not guarantee uninterrupted or error-free availability. We may maintain, modify, suspend, or discontinue all or part of the Services as described in Section 11.

Nothing in these Terms excludes a warranty, guarantee, or consumer protection that cannot lawfully be excluded.

5. Limitation of Liability

To the fullest extent permitted by law, PDA Question and the people who operate it will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to the Services or these Terms, including loss of use, data, profits, or goodwill.

To the fullest extent permitted by law, our total aggregate liability for claims arising from or related to the Services or these Terms will not exceed the greater of the amount you paid for the Services during the 12 months before the event giving rise to the claim or $100.

These limitations apply regardless of the form of claim, but they do not exclude or limit liability to the extent it cannot lawfully be excluded or limited. Where a jurisdiction does not permit a particular limitation, that limitation applies only to the maximum extent permitted there.

6. Indemnification

You agree to indemnify and hold harmless PDA Question and the people who operate it from a third-party claim, and reasonable resulting costs, to the extent the claim arises from:

• Your unlawful conduct or willful misuse of the Services
• Your material violation of these Terms
• Your violation of another person's rights
• User content that is unlawful or infringes another person's rights

This section does not require you to defend or indemnify PDA Question for a claim based solely on ordinary use permitted by these Terms or for your own allegation that you were harmed. We will give reasonable notice of a qualifying third-party claim and reasonably cooperate in its defense.

7. User Conduct and Content

7.1 Prohibited Activities

You agree not to use the Services to:

• Violate applicable law or another person's rights
• Submit content that is unlawful, threatening, abusive, harassing, defamatory, obscene, or otherwise harmful
• Impersonate another person or misrepresent your affiliation or authority
• Transmit malware or other malicious code
• Gain unauthorized access to, interfere with, or disrupt the Services or connected systems
• Use bots, scrapers, or other automated systems to access the Services without written permission
• Reverse engineer, decompile, or disassemble the App except to the extent applicable law does not allow that restriction
• Use the Services as an institutional service contrary to Section 2

7.2 Content You Provide

You are responsible for questions, descriptions, Professional Letter details, and other content you choose to provide. You represent that:

• You have the rights, permissions, or authority reasonably necessary to provide the content
• Your content does not violate these Terms or applicable law
• Your content does not infringe another person's rights

Please avoid unnecessary identifying or sensitive information, as explained in the Privacy Policy.

7.3 Protection and Enforcement

We may investigate apparent misuse, apply available technical protections, restrict access as described in Section 11, and preserve or disclose relevant information when reasonably necessary and permitted or required by law. This does not create a general obligation to monitor user content.

8. Intellectual Property and Content Rights

8.1 PDA Question Materials

PDA Question and its licensors retain their respective rights in the App, Site, branding, software and code, original product content and assets, and proprietary product materials. We do not claim ownership of third-party materials or of AI models, training data, or other assets beyond the rights we actually hold.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services for the authorized personal and family purposes described here. Rights not expressly granted remain with their respective owners.

8.2 Your Submitted Content

You retain the rights you have in information and content you submit. You grant PDA Question a limited, non-exclusive, royalty-free license to transmit, reproduce, and process that content only as reasonably necessary to provide the Services you request; process and transmit your request through the operational providers required to deliver it; secure, maintain, and troubleshoot the Services; and comply with applicable legal obligations where appropriate. This license does not expand the data uses described in the Privacy Policy.

8.3 Generated Outputs

Subject to applicable law and third-party rights, you may copy, save, edit, adapt, export, and share generated Understandings, Scripts, Professional Letters, and similar outputs for the authorized personal and family uses contemplated by the Services, including sharing them with teachers, clinicians, and other support people. AI-generated outputs may not be unique, and we do not promise that an output is eligible for exclusive intellectual-property protection.

8.4 Service Restrictions

The permission to use generated outputs does not allow you to:

• Copy, sell, license, or distribute the App, Site, software, or proprietary product materials themselves
• Reverse engineer or attempt to extract source code except to the extent applicable law does not allow that restriction
• Remove, alter, or obscure copyright, trademark, or proprietary notices
• Use our trademarks or branding without written permission
• Use protected PDA Question materials to develop a competing product or service

8.5 Feedback

If you voluntarily provide feedback, suggestions, or ideas about the Services ("Feedback"), you retain any rights you have in that Feedback and grant us a non-exclusive, royalty-free license to use, reproduce, adapt, and incorporate it to develop, operate, or improve the Services. Unless we agree otherwise, we are not required to use the Feedback or provide compensation or attribution.

9. Providers, External Services, and Resources

9.1 Operational Providers Selected by PDA Question

We use operational providers for functions such as website delivery, backend hosting, AI generation, email, data storage, and App Store payment processing. We are responsible for accurately describing our use of those providers and for the provider choices we make. Provider systems and independently controlled practices operate under their applicable terms, policies, account settings, and technical controls, which we do not control in every detail. The Privacy Policy describes the current provider roles and data flows.

9.2 User-Selected Destinations and Resources

The Services may let you open or share information with third-party websites, apps, people, or services that you choose, including Mail, Messages, the iOS share sheet, Apple, Amazon, and educational resources. Once you intentionally send content to a destination, that destination controls its own handling. A link or reference does not by itself mean that PDA Question endorses or has independently verified the third party.

9.3 Affiliate Links

The Site currently contains no Amazon affiliate links. The App's Helpful Products feature contains tagged links to Amazon.com. If you choose to purchase a product through one of those App links, we may earn a commission at no additional cost to you. This affiliate relationship does not affect the price you pay or influence our recommendations.

We include books and resources that we believe may be helpful, but we do not guarantee their content or suitability for a particular family.

10. Payment Terms

10.1 Pricing and Billing

Certain App features may require payment. The price, currency, billing period, and other purchase information are displayed through Apple's App Store at the time of purchase.

10.2 Apple App Store Payment Processing

The current App processes purchases only through Apple's App Store using StoreKit. The Site has no checkout, and the PDA Question backend has no payment or receipt-processing route. Payment information is subject to Apple's terms and privacy policies. PDA Question does not directly process, store, or receive your payment-card number.

10.3 Subscriptions

If you purchase a subscription:

• Your subscription automatically renews unless you cancel before the renewal date
• Apple charges the then-current subscription price upon renewal
• You can cancel through your Apple account settings
• Cancellation ordinarily takes effect at the end of the current billing period, subject to Apple's applicable terms

10.4 Refunds

Refund eligibility and refund processing are governed by Apple and applicable requirements and may vary by country or region. PDA Question does not issue App Store refunds directly. You may request a refund through Apple's designated process or contact Apple Support.

10.5 Price Changes

We may change App Store pricing. Apple provides notice of subscription price increases and requests subscriber consent when required under its current rules. The timing and effect of a change depend on Apple's policies, the subscription, and the subscriber's country or region.

11. Ending Use and Access

11.1 Ending Use by You

You may stop using the Services at any time. PDA Question has no user account to delete. You can use the App's feature-specific controls to remove certain local content. Deleting the App or local content does not cancel an Apple subscription; subscriptions are managed through your Apple account settings.

11.2 Access Restrictions

We may restrict or suspend access immediately when reasonably necessary to:

• Protect the security, integrity, or availability of the Services
• Address abuse, fraudulent or illegal conduct, or a material breach of these Terms
• Protect users, children, PDA Question, providers, or other people from harm

We will provide notice when reasonably feasible, taking into account urgency, security, legal restrictions, and the information available to us.

11.3 Service Changes or Discontinuation

We may modify, suspend, or discontinue all or part of the Services. When reasonably feasible, we will provide notice on the Site before a material discontinuation.

11.4 Effect on Data, Subscriptions, and Refunds

• Local content remains subject to the feature-specific storage and deletion controls described in our Privacy Policy
• Server, provider, log, and email information is handled separately as described in our Privacy Policy; an access restriction or service discontinuation is not a comprehensive data-deletion request
• Deleting the App or local content does not cancel an Apple subscription
• Apple subscription cancellation is handled through the user's Apple account settings
• Refund eligibility and processing remain governed by Apple and applicable requirements

12. Informal Resolution and Court Proceedings

12.1 Informal Resolution

Before starting a formal proceeding, you and PDA Question agree to make a reasonable, good-faith effort to resolve the dispute informally. You may contact us at PDAQuestionApp@gmail.com with enough information for us to understand the concern and respond. This process does not prevent either party from seeking urgent relief or using small-claims procedures where available, and it does not extend a legal deadline unless applicable law provides otherwise.

12.2 Available Court Procedures

If informal efforts do not resolve a dispute, either party may pursue remedies available in a court with jurisdiction under applicable law. These Terms do not require pre-dispute arbitration and do not waive participation in a class action where such participation is otherwise available.

13. Governing Law and Jurisdiction

These Terms and disputes arising out of or relating to them or the Services are governed by the laws of the State of California, without regard to conflict-of-law rules, except to the extent the law of your home jurisdiction gives you protections that cannot be waived by agreement.

A proceeding may be brought in any court that has jurisdiction under applicable law. These Terms do not require every user to bring a claim exclusively in San Diego County or waive any non-waivable jurisdictional or consumer right.

14. Changes to These Terms

We may update these Terms to reflect changes in the Services, our operations, or applicable requirements. When we make changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Post the revised Terms on the Site
• State the date when the revised Terms take effect

For material changes, we will provide reasonable advance notice on the Site and any additional notice or consent required by applicable law. Your continued use of the Services on or after the stated revised effective date constitutes agreement to the revised Terms. If you do not agree, stop using the Services before that date.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and PDA Question regarding use of the Services and supersede prior understandings on that subject. The Privacy Policy separately describes current data practices.

15.2 Severability

If a provision of these Terms is found invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue in effect.

15.3 Waiver

A failure or delay in enforcing a provision does not waive the right to enforce it later. A waiver applies only to the specific circumstance in which it is given.

15.4 Assignment

You may not transfer these Terms without our prior written consent. We may transfer these Terms as part of a merger, acquisition, reorganization, sale of the Services or relevant assets, or other ownership or business transfer, subject to applicable law and any notice required by law.

15.5 Force Majeure

We are not responsible for a failure or delay caused by circumstances beyond our reasonable control, such as widespread service or infrastructure failures, natural disasters, government action, conflict, or other events we could not reasonably prevent. This section does not limit rights or obligations that cannot lawfully be limited.

15.6 No Agency

These Terms and your use of the Services do not create an agency, partnership, joint venture, employment, or professional-client relationship between you and PDA Question.

15.7 Notices

Notices to users will be posted on the Site unless another method is required by law or actually made available through the Services. Notices to us should be sent to PDAQuestionApp@gmail.com.

15.8 Survival

Rights and obligations that by their nature must continue after use ends—including ownership, permitted handling of information that remains subject to the Privacy Policy, accrued obligations, liability limitations, indemnification for qualifying pre-termination conduct, and dispute and governing-law provisions—survive only as needed to give them effect.

16. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

Email: PDAQuestionApp@gmail.com
Subject Line: Terms of Service Inquiry

We will review and respond to inquiries as appropriate and as required by applicable law.