These Terms of Use ("Terms") form a binding agreement between you ("you" or "User") and Mighty Nest AI ("Mighty Nest," "we," "our," or "us"). By accessing or using mightynest.ai, our mobile or web applications, or any related services that link to these Terms (collectively, the "Services"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
Key takeaway: Mighty Nest AI offers educational tools for caregivers of children ages 2‑8. We are not providing medical, therapeutic, or legal advice, and some advanced features may require payment or be subject to usage limits.
1. Eligibility & Accounts
You must be 18 years or older (or the age of majority in your jurisdiction) to create an account and use the Services on behalf of a child.
You must provide accurate account information and keep it up to date.
You are responsible for (i) maintaining the confidentiality of your login credentials and (ii) all activities that occur under your account.
You may invite therapists, teachers, babysitters, or other caregivers ("Authorized Caregivers") to view or edit a child profile. You are solely responsible for their actions within the Services.
2. Description of Services
Personalized lesson/activity planning, adaptive learning paths, speech‑language tools, caregiver support sheets, cartoon play‑sheets generated from uploaded photos, and other features we may add from time to time.
Basic functionality is free; premium features or higher usage tiers may require payment or be subject to throttling, as detailed in Section 7.
3. User Content & License
"User Content" includes any data, text, images, documents (e.g., IEPs), or other materials you upload or transmit to the Services.
You retain all rights to your User Content.
You grant Mighty Nest a world‑wide, non‑exclusive, royalty‑free license to host, process, display, and use your User Content solely (i) to provide and improve the Services and (ii) as otherwise permitted in our Privacy Policy.
You represent that you have all necessary rights to upload User Content and that doing so does not violate any law, contract, or third‑party right.
3.1 Uploaded Photos & Documents
Photos and documents are processed only to create requested materials or insights and are deleted in accordance with our retention schedule.
We are not a HIPAA‑covered entity; do not upload protected health information (PHI) unless you accept that it is governed by these Terms and our Privacy Policy, not HIPAA.
4. AI‑Generated Content & Disclaimers
The Services use artificial‑intelligence models (including third‑party providers such as OpenAI) to generate suggestions, plans, images, and other outputs ("AI Content").
AI Content is provided as‑is for informational and educational purposes only. It does not constitute medical, therapeutic, or legal advice. Always consult qualified professionals for those matters.
You are responsible for verifying the accuracy and suitability of AI Content before relying on it.
5. Acceptable Use Policy
You agree not to:
Violate any applicable law or regulation;
Upload or transmit content that is unlawful, harmful, or infringes another's rights;
Reverse engineer, scrape, or attempt to access the Services or underlying models in unauthorized ways;
Use the Services to create or distribute harmful or misleading content;
Interfere with or disrupt the Services or servers.
We may suspend or terminate accounts for violations.
6. Authorized Caregivers & Sharing
You control which Authorized Caregivers have access to each child profile.
You may revoke or change permissions at any time.
Mighty Nest is not responsible for actions taken by Authorized Caregivers.
7. Paid Features, Subscriptions & Usage Limits
We may offer premium plans, subscriptions, or pay‑as‑you‑go credits ("Paid Services").
Prices, usage quotas, and renewal terms will be clearly disclosed before you incur charges.
Subscriptions auto‑renew unless cancelled before the end of the current billing period.
We may throttle or suspend access to features that exceed your plan's limits until you upgrade.
8. Intellectual Property
The Services, including software, design, trademarks, and all content other than User Content, are owned by Mighty Nest or its licensors and protected by intellectual‑property laws.
Except for the limited license granted in these Terms, no rights are transferred to you.
9. Feedback
If you submit ideas or suggestions ("Feedback"), you grant Mighty Nest a perpetual, irrevocable, royalty‑free license to use that Feedback for any purpose without obligation or compensation.
10. Privacy
Our Privacy Policy explains how we collect and use personal data.
11. Disclaimer of Warranties
THE SERVICES AND AI CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIGHTY NEST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE OR THAT AI CONTENT WILL BE ACCURATE OR COMPLETE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIGHTY NEST AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED US$100 OR THE AMOUNT YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM, WHICHEVER IS GREATER.
13. Indemnification
You will indemnify and hold Mighty Nest harmless from any claim arising out of (i) your User Content, (ii) your breach of these Terms, or (iii) your violation of any law or third‑party right.
14. Suspension & Termination
We may suspend or terminate your account at any time for violation of these Terms or if required by law. You may delete your account at any time in your dashboard. Sections 3 through 16 will survive termination.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of California, excluding its conflict‑of‑laws principles.
Arbitration: Any dispute arising out of these Terms will be resolved by binding arbitration in San Diego County, California, under the rules of the American Arbitration Association. You and Mighty Nest waive any right to a jury trial or to participate in a class action.
Small claims court option and 30‑day opt‑out available; see Arbitration Addendum for details.
16. Modifications
We may update these Terms from time to time. If changes are material, we will notify you at least 14 days before they take effect by email or in‑app notice. Continued use after the effective date constitutes acceptance of the revised Terms.
17. Contact
For questions about these Terms, email info@mightynest.ai.