Terms of Service

Effective: 2026-05-25

These Terms of Service (the "Terms") govern your use of differentpace (the "service"). By creating an account or using the service you agree to these Terms. If you do not agree, do not use the service.

1. Who can use the service

The service is offered only to residents of the United States who are at least 18 years old. By using the service you confirm that you meet both criteria. We do not knowingly accept registrations from people outside the United States or from anyone under 18, and we may terminate accounts that violate this.

Children themselves do not have accounts. You may record observations about your child, but the account is yours.

2. What differentpace is

A longitudinal family memory and reflection system. It helps you capture short notes, organize them over time, and reconstruct context before meetings. AI features (when enabled) summarize and reflect; they do not diagnose, predict, or advise.

3. What it is not

• Not a medical platform. Not diagnostic software. Not a substitute for professional medical advice, diagnosis, or treatment.
• Not therapy or behavioral-health software. Not a clinician-of-record.
• Not legal advocacy software. Not a substitute for an attorney, advocate, or special-education professional.
• Not a school administration system, a record of educational entitlement, or a substitute for an IEP or 504 plan maintained by your school district.
• Not subject to HIPAA. differentpace is consumer software, not a covered entity or business associate.
• Not subject to FERPA. We do not act as a school official or contractor with access to education records.

Do not rely on differentpace as the sole source of medical, legal, educational, or therapeutic advice. If you are navigating a health, legal, or school-support decision, consult a qualified professional.

4. Your account

You are responsible for keeping your password (or any third-party identity provider you connect) secure and for activity that occurs under your account. You agree to provide accurate and current account information and to update it when it changes.

If you invite another caregiver, they get access at the role you assign and you take responsibility for that decision. We are not liable for what an invited caregiver does with their access.

5. Your content

You retain ownership of everything you put into differentpace — your child profiles, events, meetings, follow-ups, documents, reflections, and notes ("Your Content"). You grant us a limited, non-exclusive, royalty-free, worldwide license to host, store, copy, transmit, display, and process Your Content only as needed to provide the service to you and the people you invite into your family, and to maintain backups. This license ends when you delete the content or account, except to the extent the content lingers in routine rolling backups.

You represent that you have the right to upload, store, and share Your Content within your family, and that doing so does not violate any law or anyone else's rights. Specifically, do not upload documents containing the personal information of children who are not in your care, or content you obtained without permission.

We do not use Your Content to train any artificial-intelligence model.

6. Acceptable use

You agree not to:

• Use the service for any unlawful purpose or to violate anyone's rights.
• Use the service to harass, threaten, defame, or harm anyone, including any member of your family.
• Upload malware, run security scans, attempt to gain unauthorized access, or interfere with the integrity or performance of the service.
• Reverse-engineer, decompile, or disassemble the service, except where applicable law expressly prohibits us from forbidding this.
• Scrape, crawl, or use automated tools to access the service outside of features we expressly provide for that purpose.
• Resell, sublicense, or rent the service.
• Impersonate any person or misrepresent your affiliation with any person or entity.
• Use the service to make automated decisions that produce legal or similarly significant effects about anyone.

We may suspend or terminate accounts that violate this section with or without notice, at our discretion.

7. AI-generated content

Reflections and meeting prep summaries are produced by a large language model (Anthropic's Claude) operating on a short slice of your recent events. They are summaries and observations, not facts. The model can be wrong, miss context, or generate content that doesn't match your judgment. Treat AI output as a starting point for your own thinking, never as a final answer or as advice. You are solely responsible for any action you take based on AI output.

8. Plans, trial, and billing

• Every new family starts on a 14-day Family trial. No payment information is required to start the trial.
• If you do not subscribe by the end of the trial, the family moves to the Free plan. The Free plan limits the number of children and caregivers; it does not delete your data.
• Paid subscriptions are billed by Stripe on a recurring basis at the cadence and price displayed at checkout.
• You can manage or cancel anytime from the Stripe Customer Portal linked in the app. Cancellation takes effect at the end of the current billing period; the service remains at the Family tier until then.
• Subscription fees are non-refundable except where required by law (for example, certain consumer protections in some states). We do not pro-rate refunds for partial billing periods.
• We may change pricing for future billing periods with at least 30 days' notice by email. Continued use after the notice period means you accept the change. You may cancel before the next renewal if you don't.

9. Availability and changes

We work to keep the service available, but it is provided on an "as is" and "as available" basis without warranties of any kind. Planned maintenance and unplanned outages happen. Keep your own copies of anything critical (use the JSON export feature in Settings).

We may modify, add, or remove features at any time. If we discontinue the service or a material feature, we will give reasonable advance notice and a window to export your data.

10. Termination

You can delete your account at any time from Settings. Doing so removes the entire family — users, children, events, meetings, follow-ups, documents, reflections, invitations, and OAuth links. Deletion is final; we do not restore deleted data on request.

We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security, legal, or safety risk. Except for clear violations of Section 6 (Acceptable use), we will give notice and a reasonable opportunity to export your data before deletion. We are not liable to you or anyone else for losses caused by a termination undertaken in good faith.

11. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM LOSS OF DATA. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIFFERENTPACE OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold differentpace and its officers, employees, and agents harmless from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of (a) Your Content, (b) your use of the service in violation of these Terms or applicable law, or (c) your violation of any third party's rights. We may assume the exclusive defense and control of any matter for which you have agreed to indemnify us, and you agree to cooperate with our defense.

14. Dispute resolution — arbitration and class waiver

Please read this section carefully. It limits how disputes can be brought.

Informal resolution first. Before filing any formal claim, you agree to contact us at hello@differentpace.app and give us 30 days to try to resolve the matter informally.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the service (a "Dispute") that is not resolved informally will be settled by individual, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in Boston, Massachusetts, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. You and we both agree that any Dispute will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

Exceptions. Either party may bring an individual claim in small-claims court for any Dispute within its jurisdiction. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights or prevent unauthorized access to the service.

Opt-out. You may opt out of this arbitration agreement by emailing hello@differentpace.app within 30 days of first accepting these Terms, with the subject line "Arbitration opt-out" and your account email. Opting out does not affect any other part of these Terms.

30-day right to reject changes. If we change this section in a way that materially affects your rights, you may reject the change by sending us notice within 30 days of the change taking effect. The previous version will continue to apply between us.

15. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. Subject to the arbitration section above, any proceeding that may be brought in court will be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts, and you consent to personal jurisdiction and venue there.

16. Copyright and DMCA

We respect intellectual-property rights and respond to clear and complete notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on the service infringes your copyright, send a notice to our designated agent at dmca@differentpace.app with: (1) a physical or electronic signature, (2) identification of the copyrighted work, (3) identification of the allegedly infringing material with sufficient detail to locate it, (4) your contact information, (5) a statement of good-faith belief that the use is unauthorized, and (6) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the rights holder. We may terminate the accounts of repeat infringers.

17. Section 230 and third-party content

The service may display content created by other people in your family. We are not responsible for the accuracy, legality, or appropriateness of any user-generated content. We have no obligation to monitor what people post within their own family, and we are protected under 47 U.S.C. § 230 for any decisions we do or don't make about user-generated content.

18. Beta features

We may make features available on a "beta" or "preview" basis. Beta features are provided "as is," may change or be removed without notice, and are excluded from any service-level commitment.

19. Modifications to the Terms

We may update these Terms over time. Material changes will be announced by email to account owners and posted with an updated "Effective" date. Continued use of the service after the effective date of a change constitutes acceptance. If you do not agree to the updated Terms, stop using the service and delete your account.

20. Notices

We may give notice to you by email to the address associated with your account, by posting in the app, or by any other reasonable method. You may give notice to us by emailing hello@differentpace.app.

21. General

• Entire agreement. These Terms (together with the Privacy Policy and any feature-specific terms we link from the app) are the entire agreement between you and us regarding the service and supersede any prior agreements.
• Severability. If any provision of these Terms is held invalid or unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, sale of assets, or operation of law.
• No third-party beneficiaries. Except as stated, these Terms do not create third-party beneficiary rights.
• Force majeure. Neither party is liable for delays or failures caused by events beyond reasonable control (natural disasters, acts of war, internet or power outages, government actions).
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• Export controls. You agree to comply with all U.S. export-control laws when using the service.

22. Contact

Questions about these Terms: hello@differentpace.app.