TERMS AND CONDITIONS

Last Updated: June 2, 2025

Welcome to Ask Aunt Kate (“Aunt Kate,” “we,” “our,” or “us”). By accessing or using our website, chatbot, and related services (collectively, the “Services”), you (“you” or “User”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

1.1 Binding Agreement. These Terms constitute a legally binding agreement between you and Aunt Kate. By accessing, browsing, or using the Services, you affirm that you have read, understood, and agree to be bound by these Terms and all documents incorporated herein by reference.
1.2 Eligibility. You represent and warrant that you are at least 18 years old and have legal capacity to enter into a binding agreement. If you are under 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
1.3 Modifications. Aunt Kate reserves the right to modify these Terms at any time by posting updated Terms on the website. The “Last Updated” date above will reflect the revision date. Your continued access or use of the Services after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately discontinue use of the Services.

2. Description of Services

2.1 AI Chatbot. Aunt Kate’s AI-powered chatbot provides general health, wellness, and patient advocacy information. The chatbot may offer personalized guidance, resources, and educational content, but does not provide medical, legal, or professional advice.
2.2 Website Content. In addition to the chatbot, our website offers blog posts, downloadable guides, resource directories, and other educational materials (“Content”). All Content is proprietary to Aunt Kate unless otherwise noted.

3. User Responsibilities & Restrictions

3.1 Lawful Use. You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Violate any applicable local, state, national, or international law or regulation.

• Use the Services in any manner that could disable, overburden, or impair the Services or interfere with any other party’s use of the Services.

• Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks.

• Transmit any viruses, malware, or other harmful code.

• Use automated scripts, bots, or unauthorized third‐party tools to interact with or extract data from the Services.

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or access to the Services without express prior written permission from Aunt Kate.

3.2 Accurate Information. When interacting with the chatbot or submitting any information through the Services, you agree that any data you provide (including personal data, if any) is accurate and up to date.

3.3 Account Security (if applicable). If the Services require you to register for an account, you agree to keep your password secure and not share it with any third party. You are solely responsible for all activities that occur under your account. Immediately notify Aunt Kate of any unauthorized use of your account.

4. Disclaimers & No Professional Advice

4.1 Educational Purposes Only. All information provided by the chatbot, Content, or other aspects of the Services is for informational and educational purposes only. It is not intended as medical, mental health, legal, financial, or professional advice, and should not be relied upon as such.
4.2 No Provider-Patient Relationship. Use of the Services does not create a provider-patient or professional-client relationship between you and Aunt Kate or any of its representatives. Never disregard professional medical or legal advice because of something you read or hear on the Services.
4.3 No Warranties. The Services and all Content are provided “as is” and “as available.” Aunt Kate expressly disclaims all warranties, express or implied, including but not limited to warranties of accuracy, completeness, reliability, merchantability, and fitness for a particular purpose. Aunt Kate does not warrant that the Services will be uninterrupted, error-free, or completely secure.
4.4 User Discretion. You assume full responsibility for your use of the Services. Always consult a qualified professional before acting on any information provided by the Services.

5. Limitation of Liability

5.1 No Liability for Damages. To the maximum extent permitted by law, Aunt Kate, its affiliates, officers, directors, employees, licensors, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of (or inability to use) the Services, even if Aunt Kate has been advised of the possibility of such damages.
5.2 Cap on Liability. In no event shall Aunt Kate’s aggregate liability for all claims related to the Services exceed the amount you have paid, if any, to use the Services. If no fees were paid, Aunt Kate’s liability shall be limited to one hundred dollars ($100).
5.3 Disclaimer of Third-Party Content. The Services may include links or references to third-party websites, resources, or services. Aunt Kate does not endorse or assume any responsibility for any such third-party content, products, or services. You acknowledge and agree that Aunt Kate is not liable or responsible for any damage or loss caused by your use of or reliance on any third-party content.

6. Intellectual Property Rights

6.1 Ownership. All Content, including text, graphics, logos, images, software, and code, is the property of Aunt Kate or its licensors and is protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Limited License. Subject to these Terms, Aunt Kate grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Content solely for your personal, non-commercial use.
6.3 Restrictions. Except as expressly authorized by Aunt Kate, you may not:

• Copy, reproduce, modify, distribute, display, or create derivative works of any Content or the Services.

• Use any Aunt Kate trademarks or logos without express prior written permission.

• Reverse engineer, decompile, or disassemble any portion of the Services.
  6.4 User-Generated Content. You retain ownership of any content you submit to the chatbot or otherwise upload to the Services (e.g., questions, comments). By submitting such content, you grant Aunt Kate a worldwide, royalty-free, transferable, sublicensable, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and display the content in connection with providing and improving the Services.

7. Privacy & Data Protection

7.1 Privacy Policy. Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and share your personal information. By using the Services, you consent to the collection and use of your personal information as outlined in the Privacy Policy.
7.2 Data Accuracy. You are responsible for providing accurate information to the best of your ability. Aunt Kate does not guarantee that prompts or suggestions provided by the AI chatbot will be entirely accurate or up-to-date.
7.3 Children’s Privacy. The Services are not directed to individuals under 13. We do not knowingly collect personal information from children under 13 without parental consent. If you believe we have collected such information, please contact us immediately so we can delete it.

8. Indemnification

You agree to defend, indemnify, and hold harmless Aunt Kate, its affiliates, officers, directors, employees, licensors, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services, including any content you submit.

• Your violation of these Terms.

• Your violation of any applicable law or third-party rights.

• Any injury or damage caused by your user content.

9. Termination & Suspension

9.1 Termination by You. You may choose to stop using the Services at any time.
9.2 Termination by Aunt Kate. Aunt Kate reserves the right, in its sole discretion, to suspend or terminate your access to all or part of the Services, with or without notice, for any reason, including, but not limited to, your breach of these Terms.
9.3 Effect of Termination. Upon termination of your access, the licenses granted under these Terms will immediately terminate, and you must cease all use of the Services. Sections 4 (Disclaimers), 5 (Limitation of Liability), 6.3 (Restrictions), 6.4 (User-Generated Content), 7 (Privacy & Data Protection), 8 (Indemnification), 10 (Governing Law), and 11 (Miscellaneous) shall survive any termination.

10. Governing Law & Dispute Resolution

10.1 Governing Law. These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-law provisions.
10.2 Informal Resolution. Before pursuing formal legal action, you agree to first contact Aunt Kate at support@askauntkate.com to attempt to resolve any dispute informally.
10.3 Arbitration. If informal resolution fails, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in Denver, Colorado, and shall be conducted in English. The arbitrator’s award will be final and binding.
10.4 Class Action Waiver. You and Aunt Kate agree that any dispute arising out of these Terms will be resolved on an individual basis, and you waive any right to pursue a class action or class arbitration.

11. Miscellaneous

11.1 Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
11.2 Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Aunt Kate’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11.3 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Aunt Kate regarding your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals.
11.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Aunt Kate’s prior written consent. Aunt Kate may freely assign these Terms without restriction.
11.5 Notices. Any notices or communications required or permitted under these Terms shall be given by email to support@askauntkate.com or by posting on the website. Notice is deemed delivered 24 hours after email transmission or upon posting to the website.

12. Contact Information

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

Ask Aunt Kate
Email: support@askauntkate.com

Thank you for choosing Ask Aunt Kate. We’re here to help you navigate your healthcare journey with clarity, compassion, and support.