Effective Date: August 21, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ALBINKA MOBILE APPLICATION. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE ALBINKA APP, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Inoviant Inc., a Delaware corporation ("Company," "we," "us," or "our"), regarding your use of the Albinka mobile application and related services (collectively, the "Service").
By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of a minor child, you represent that you are the parent or legal guardian of such child and have the authority to agree to these Terms on their behalf.

2. Description of Service

Albinka is an AI-powered parenting coaching application that provides educational guidance and support for parents and caregivers. This is an app for parents and caregivers, not for children. The Service includes:

• Audio recording and analysis of parent-child interactions
• AI-generated coaching suggestions and insights
• Behavioral pattern analysis and reporting
• Educational content and resources
• Progress tracking and developmental insights
• SMS/text, WhatsApp, and telephone-based coaching support and communications

Offline Functionality. The Service works both online and offline. Recordings may be stored locally when offline and uploaded once internet access is available.
App Store Compliance. Recording only begins when a parent initiates it in the foreground with clear visual indicators.
Important Disclaimer. The Service is for educational and coaching purposes only. It is not intended to provide medical, therapeutic, psychological, or professional advice, nor is it a substitute for professional medical care or mental health services.
Beta Features. Certain features may be released as beta or pre-release and may not function as intended. We may modify or discontinue beta features at any time.

3. Data Collection and Ownership

3.1 Data Collection. By using the Service, you acknowledge and agree that we will collect, record, process, and analyze: audio recordings; voice patterns, tone, and speech characteristics; behavioral data and interaction patterns; device and usage data; and other data necessary to provide the Service.
3.2 Company’s Data Rights. You grant Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display all data collected through the Service, including for Service improvement, AI training, research, and sharing of anonymized data with third parties.
3.3 Data Retention and Deletion. Company may retain collected data indefinitely by default. Upon written request to support@albinka.com, we will delete your personal data within 30 days, subject to legal obligations, anonymized data that cannot be linked to you, data already incorporated into AI models, and aggregated insights.
3.4 Anonymized Data. We may use, share, and commercialize anonymized/aggregated data without restriction and without compensation.

4. User Responsibilities and Restrictions

4.1 Parental Consent & Children’s Privacy. If the Service will record or analyze interactions involving children under 13, you represent and warrant that you are the parent or legal guardian and have authority to provide consent. Children under 13 are not permitted to create accounts or use the Service directly.
4.2 Recording Consent and Legal Compliance. You represent and warrant that you have all necessary rights, permissions, and legal authority to record audio captured by the Service and that you will comply with all applicable recording-consent, privacy, and related laws.
4.3 Prohibited Uses. You agree not to: use the Service unlawfully; record individuals without legally required consent; reverse engineer or circumvent security; share credentials; or violate any applicable law.
4.4 Environment and Safety. You are solely responsible for ensuring appropriate environments, monitoring recorded content, taking action in emergencies, and protecting everyone’s privacy.
4.5 Parental Gate. Access to external links, sharing features, or account changes is gated by a parental verification step to prevent unsupervised child access.

5. Subscription and Payment Terms

5.1 Free Version in App Store. The Albinka App is free to download with limited features.
5.2 Premium Guidance Subscription. Access to personalized guidance, AI-driven insights, and premium features requires a paid subscription through albinka.com. All billing, account management, and cancellations for premium subscriptions are handled on the Albinka website.
5.3 Auto-Renewal. Premium subscriptions automatically renew (monthly or annually) unless canceled prior to renewal. You authorize recurring charges to your payment method.
5.4 Cancellation. You may cancel your premium subscription at any time by contacting support@albinka.com. Cancellation takes effect at the end of the current billing period.
Refunds & Free Trials. Free trials, if offered, are disclosed at checkout on albinka.com. All payments are non-refundable except where required by law. No charges occur through the App Store for the free version.

6. Intellectual Property

The Service, software, content, and trademarks are owned by Company and protected by law. You receive a limited license to use the Service per these Terms. Any content you provide (including recordings, feedback, or testimonials) becomes Company’s property and may be used for business purposes.
6.3 Copyright Complaints (DMCA). If you believe content infringes your copyright, send a notice to DMCA Agent, Inoviant Inc., 42 Silver Hill Rd., Lincoln, MA 01773, support@albinka.com, with the information required by 17 U.S.C. §512(c)(3). We may remove or disable access to alleged infringing material in our discretion.

7. Disclaimers and Limitation of Liability

The Service is provided “as is” and “as available” without warranties of any kind. We do not provide medical or professional advice. You are solely responsible for your parenting decisions and actions. To the maximum extent permitted by law, Company shall not be liable for indirect, incidental, special, consequential, punitive, or similar damages; and Company’s total liability shall not exceed the amount you paid in the 12 months preceding the claim. Company is not responsible for detecting or responding to emergencies, child abuse, self-harm, or crisis events—call emergency services immediately.

8. Indemnification

You agree to indemnify and hold harmless Company and its officers, directors, employees, and agents from claims arising out of your use of the Service, violation of these Terms, violation of rights of others, or actions taken based on the Service.

9. Privacy

Your privacy is governed by our Privacy Policy, incorporated by reference.

9A. Communications Consent (SMS, WhatsApp, and Telephone)

9A.1 Consent to Communications. By providing your phone number and using the Service, you expressly consent to receive communications from us or our service providers (including AI-powered systems) via: (a) SMS and MMS text messages; (b) WhatsApp messages; (c) automated or prerecorded telephone calls; and (d) live telephone calls from our support or coaching team. Such communications may include transactional notices (account updates, billing alerts, coaching summaries), service messages, support interactions, AI coaching sessions delivered by phone, and marketing or promotional messages where separately consented. IMPORTANT – TCPA NOTICE: Your consent to receive autodialed or prerecorded marketing messages is not a condition of purchasing the Service or any goods. Standard message and data rates may apply to SMS/text messages.

9A.2 Opt-Out. You may opt out of marketing communications at any time: (a) SMS/Text: reply STOP to any text message from us; (b) WhatsApp: reply STOP or follow in-message opt-out instructions; (c) Telephone: contact support@albinka.com or request removal during any call. Opting out of marketing communications does not affect transactional, service, or safety messages, which we may continue to send as needed to operate the Service. Albinka AI coaching calls are part of the subscribed Service and are not subject to marketing opt-out; you may discontinue them by canceling your subscription.

9A.3 Call Recording. Telephone calls with us, including AI coaching sessions and support calls, may be recorded or monitored for quality assurance, training, coaching analysis, and AI improvement purposes. You will be notified at the start of any such call that recording may occur. By continuing the call after such notice, you consent to recording. Call recordings are subject to the data practices described in our Privacy Policy.

10. Dispute Resolution

10.1 Binding Arbitration. Disputes shall be resolved by binding arbitration administered by the AAA under its commercial rules.
10.2 Individual Claims Only; Small-Claims; Opt-Out; Jury Waiver. Arbitration is individual only. Either party may bring an individual claim in small-claims court. You may opt out of arbitration by emailing legal@albinka.com within 30 days of account creation. YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL.
10.3 Location and Law. Arbitration shall take place in Delaware; Delaware law governs, without regard to conflict-of-law principles.

11. Termination

You may terminate your account by canceling your subscription through albinka.com or contacting support. We may suspend or terminate access at any time, with or without cause. Upon termination, your right to use the Service ceases immediately; we may retain data consistent with these Terms.

12. Modifications

We may modify these Terms at any time; material changes will be posted in the app with 30 days’ notice. Continued use constitutes acceptance.

13. Geographic Restrictions

The Service is intended for use in the United States, Canada, and Australia. Use outside these jurisdictions may violate local laws.

14. Additional Protections

14.1 AI Limitations and Technology Risks. AI may produce inaccurate or inappropriate suggestions; automated analysis may misinterpret situations; technical failures may occur; no guarantees on accuracy.
14.2 Third-Party Services. Your use may be subject to third-party terms (e.g., Apple). We are not responsible for third-party failures or policy changes.
14.3 Data Security Acknowledgment. While we implement reasonable security measures, no system is completely secure. You assume the risk of breaches or unauthorized access; our liability is limited as permitted by law.
14.4 Regulatory & Legal Changes. We may modify, suspend, or discontinue the Service due to legal or regulatory requirements without compensation.
14.5 Force Majeure. We are not liable for delays or failures due to circumstances beyond our control (e.g., disasters, government actions, cyberattacks, infrastructure failures).
14.6 Government & Law Enforcement Cooperation. We may disclose user data if required by law, court order, or government request, without notice.
14.7 Survival. Sections 3, 6, 7, 8, 10, and 14 survive termination.
14.8 Assignment. We may assign these Terms and rights without consent; you may not assign without our written permission.
14.9 Waiver of Injunctive Relief. You waive any right to injunctive or equitable relief; monetary damages are an adequate remedy.
14.10 Export Controls. You represent you are not on any U.S. government restricted list and will not use the Service in prohibited countries or for prohibited end uses under U.S. export laws.

15. Severability

If any provision is unenforceable, the remainder remains in force.

16. Entire Agreement

These Terms and the Privacy Policy are the entire agreement.

17. Contact Information

Inoviant Inc. • 42 Silver Hill Rd., Lincoln, MA 01773 • support@albinka.com

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