Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and PDA Question ("we," "us," "our," or "Company") governing your access to and use of the PDA Question mobile application (the "App"), website (the "Site"), and any related services (collectively, the "Services").

By downloading, installing, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" shall include both you and that organization.

2. Eligibility

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable local, state, national, and international laws and regulations
• You will not use the Services for any unlawful purpose

If you are using the Services to support a child in your care, you represent that you are the parent, legal guardian, or authorized caregiver of that child.

3. Not Medical or Professional Advice

3.1 Informational and Educational Purposes Only

THE SERVICES, INCLUDING ALL CONTENT, INFORMATION, RESPONSES, SCRIPTS, AND GUIDANCE PROVIDED THROUGH THE APP, ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, MENTAL HEALTH SERVICES, OR THERAPY.

3.2 No Medical Professional Relationship

We are not medical professionals, licensed therapists, psychologists, psychiatrists, or healthcare providers. No doctor-patient, therapist-client, or professional-client relationship is created by your use of the Services. The information provided through the Services does not constitute medical advice, mental health advice, or professional counseling.

3.3 Aggregated Information, Not Individual Assessment

The guidance provided by the App is based on an amalgamation of publicly available resources, books, podcasts, and general information about Pathological Demand Avoidance (PDA) and related parenting approaches. The App uses artificial intelligence trained on this aggregated content to generate responses.

THE APP DOES NOT:

• Assess your individual child's specific needs or situation
• Provide personalized medical, psychological, or therapeutic recommendations
• Diagnose any condition, including PDA or autism
• Replace the need for professional evaluation or treatment
• Account for your child's unique medical history, co-occurring conditions, or individual circumstances

3.4 Always Consult Qualified Professionals

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, THERAPIST, OR OTHER QUALIFIED HEALTH PROVIDER with any questions you may have regarding:

• Your child's physical or mental health
• A medical condition or diagnosis
• Treatment options or interventions
• Medication or medical care
• Emergency situations or crisis scenarios

NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED THROUGH OUR SERVICES.

3.5 Emergency Situations

IF YOU OR YOUR CHILD ARE EXPERIENCING A MEDICAL OR MENTAL HEALTH EMERGENCY, IMMEDIATELY CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT USE THE SERVICES FOR EMERGENCY SITUATIONS.

The Services are not designed for crisis intervention and should never be used in place of emergency services, suicide prevention hotlines, or crisis counseling.

3.6 AI-Generated Content Limitations

The App uses artificial intelligence (AI) to generate responses. While we have taken care to train the AI on high-quality, PDA-specific content, AI-generated responses may:

• Contain errors, inaccuracies, or outdated information
• Not account for your unique circumstances
• Be incomplete or require professional verification
• Not reflect the most current research or best practices

You should independently verify any information provided by the Services and consult with qualified professionals before making any decisions affecting your child's health, safety, or wellbeing.

3.7 Not a Substitute for Therapy or Professional Support

The Services do not replace the need for ongoing professional support, including but not limited to:

• Occupational therapy
• Speech therapy
• Applied Behavior Analysis (ABA) or other therapeutic interventions
• Psychological or psychiatric care
• Educational support and accommodations
• Social work or case management services

3.8 Your Responsibility

You are solely responsible for:

• Evaluating the suitability of any information or guidance provided through the Services
• Seeking professional advice before implementing any strategies or approaches
• Monitoring your child's safety and wellbeing at all times
• Making informed decisions about your child's care

4. No Warranties or Guarantees

4.1 Accuracy and Reliability

While we strive to provide accurate and helpful information, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES regarding:

• The accuracy, completeness, reliability, or currentness of any content or information provided through the Services
• The effectiveness of any strategies, scripts, or approaches suggested by the App
• The suitability of any information for your specific situation or child
• The qualifications, credentials, or expertise of any sources cited or referenced

4.2 No Guarantee of Results

WE DO NOT GUARANTEE that use of the Services will:

• Improve your child's behavior, regulation, or wellbeing
• Resolve family conflicts or parenting challenges
• Lead to any particular outcome or result
• Be effective for your specific circumstances

Every child and family is unique. What works for one child may not work for another. The information provided through the Services is general in nature and should be adapted to your individual circumstances in consultation with qualified professionals.

4.3 Service Availability

We do not guarantee that the Services will be available at all times or that they will operate without interruption, delay, or error. We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time without notice.

5. Limitation of Liability

5.1 Disclaimer of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PDA QUESTION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "PDA QUESTION PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Damages for loss of profits, goodwill, use, or data
• Personal injury or emotional distress
• Harm to your child or family members
• Failure to meet your expectations or achieve desired outcomes
• Reliance on any information or guidance provided through the Services
• Any other intangible losses

This limitation applies regardless of the legal theory on which the claim is based, whether contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

5.2 Maximum Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PDA QUESTION PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR
• ONE HUNDRED DOLLARS ($100.00)

5.3 Essential Basis of Bargain

You acknowledge and agree that these limitations of liability are an essential element of the agreement between you and PDA Question, and that we would not provide the Services without these limitations.

5.4 State Law Variations

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

6. Indemnification

You agree to indemnify, defend, and hold harmless the PDA Question Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations
• Any content you submit, post, or transmit through the Services
• Any claim that your use of the Services caused harm to you, your child, or any third party

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

7. User Conduct and Acceptable Use

7.1 Prohibited Activities

You agree NOT to use the Services to:

• Violate any local, state, national, or international law or regulation
• Infringe upon or violate the intellectual property rights of others
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Services or our systems
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Use any automated system (bots, scrapers) to access the Services
• Reverse engineer, decompile, or disassemble the App
• Use the Services for any commercial purpose not expressly authorized by us
• Share your account credentials with others

7.2 Content You Provide

You are solely responsible for any content you provide through the Services, including questions, descriptions, and tracking data. You represent and warrant that:

• You own or have the necessary rights to provide such content
• Your content does not violate these Terms or any applicable laws
• Your content does not infringe upon the rights of any third party
• You have obtained all necessary consents to share information about your child

7.3 Monitoring and Enforcement

We reserve the right (but have no obligation) to:

• Monitor use of the Services for violations of these Terms
• Investigate suspected violations
• Remove or disable access to content that violates these Terms
• Suspend or terminate your account for violations
• Report suspected illegal activity to law enforcement

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services, including the App, Site, content, features, functionality, AI models, and all intellectual property rights therein, are owned by PDA Question or our licensors. This includes but is not limited to:

• Trademarks, service marks, logos, and trade names
• Software, code, algorithms, and AI models
• Text, graphics, images, and other content
• Design, layout, and user interface
• Training data and methodologies

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms. All rights not expressly granted are reserved.

8.2 Restrictions on Use

You may NOT:

• Copy, modify, distribute, sell, or lease any part of the Services
• Reverse engineer or attempt to extract the source code of the App
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use our trademarks or branding without written permission
• Create derivative works based on the Services
• Use the Services to develop a competing product or service

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback without compensation or attribution to you.

9. Third-Party Content and Links

9.1 Third-Party Resources

The Services may reference, link to, or provide information about third-party books, websites, resources, podcasts, and materials. These references are provided for informational purposes only and do not constitute:

• An endorsement of such third-party content
• A warranty as to the accuracy or quality of such content
• A representation that we have reviewed or verified such content

9.2 Affiliate Links

The Site contains affiliate links to Amazon.com and potentially other retailers. If you purchase products through these links, we may earn a commission at no additional cost to you. These affiliate relationships do not affect the price you pay or influence our recommendations.

We only recommend books and resources that we believe are genuinely helpful for understanding PDA. However, we make no warranties regarding the content or suitability of any recommended products.

9.3 No Responsibility for Third Parties

We are not responsible for the content, accuracy, privacy practices, or conduct of any third-party websites, services, or resources. Your interactions with third parties are solely between you and such third parties. You access and use third-party content at your own risk.

10. Payment Terms

10.1 Pricing and Billing

Certain features of the Services may require payment. All fees are stated in U.S. Dollars unless otherwise specified. You agree to pay all applicable fees as described in the App at the time of purchase.

10.2 Third-Party Payment Processing

Payments are processed through Apple's App Store or other third-party payment processors. Your payment information is subject to their terms and privacy policies. We do not store or have access to your payment card information.

10.3 Subscriptions

If you purchase a subscription:

• Your subscription will automatically renew unless you cancel before the renewal date
• You will be charged the then-current subscription rate upon renewal
• You can cancel your subscription at any time through your App Store account settings
• Cancellation takes effect at the end of the current billing period

10.4 Refunds

All sales are final. Refunds are subject to the policies of the App Store or payment processor. We do not provide refunds directly. Please contact Apple App Store support for refund requests.

10.5 Price Changes

We reserve the right to change our pricing at any time. Price changes will not affect your current subscription until it renews.

11. Account Termination

11.1 Termination by You

You may stop using the Services and delete your account at any time by following the instructions in the App or by contacting us at PDAQuestionApp@gmail.com.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, including if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• We discontinue the Services
• We determine, in our sole discretion, that continuing to provide access would be harmful to us, other users, or third parties

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Services will immediately cease
• We will delete your account and personal information in accordance with our Privacy Policy
• You remain liable for any obligations incurred before termination
• Sections of these Terms that by their nature should survive termination will survive, including disclaimers, limitations of liability, and indemnification

11.4 No Refunds Upon Termination

If we terminate your access for cause (violation of these Terms), you will not be entitled to any refund of fees paid.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a claim, you agree to contact us at PDAQuestionApp@gmail.com to attempt to resolve the dispute informally. We will attempt to resolve disputes through good-faith negotiation.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, you and PDA Question agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration, rather than in court, except that:

• You may assert claims in small claims court if they qualify
• You or we may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights

12.3 Arbitration Rules

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.

12.4 Class Action Waiver

YOU AND PDA QUESTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

12.5 Exceptions to Arbitration

Notwithstanding the above, either party may bring a lawsuit in court for:

• Injunctive relief to protect intellectual property rights
• Claims that can be brought in small claims court

12.6 Opt-Out Right

You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to PDAQuestionApp@gmail.com with the subject line "Arbitration Opt-Out" and including your name, address, and a clear statement that you wish to opt out of arbitration.

13. Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of [YOUR STATE], without regard to its conflict of law provisions.

If the arbitration provision in Section 12 is found to be unenforceable or if you opt out of arbitration, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in [YOUR COUNTY, YOUR STATE], and you consent to the personal jurisdiction of such courts.

14. Changes to These Terms

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
• Notify you via email (if you have provided an email address)
• Display a prominent notice in the App or on the Site

Material changes will take effect 30 days after notice is provided, unless you reject the changes by ceasing use of the Services. Your continued use of the Services after changes take effect constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Services and delete your account.

15. Miscellaneous Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PDA Question regarding the Services and supersede any prior agreements or understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of PDA Question.

15.4 Assignment

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

15.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.6 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and PDA Question as a result of these Terms or your use of the Services.

15.7 Notices

All notices to you will be provided via email or by posting on the Services. Notices to us should be sent to PDAQuestionApp@gmail.com.

15.8 Export Control

You may not use or export the Services except as authorized by U.S. law and the laws of the jurisdiction in which the Services are accessed. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

15.9 Survival

The following sections shall survive termination of these Terms: Sections 3 (Not Medical or Professional Advice), 4 (No Warranties or Guarantees), 5 (Limitation of Liability), 6 (Indemnification), 8 (Intellectual Property Rights), 12 (Dispute Resolution and Arbitration), 13 (Governing Law), and 15 (Miscellaneous Provisions).

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 respond to your inquiry within 30 days.