1. INTRODUCTION 

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Back to Basics Behavior, LLC (doing business as Chatterfly) (“we,” “us,” or “our”), governing your access to and use of the Dooly mobile application (“App” or “Dooly”). These Terms apply to all users of the App, including individuals who access it on their own behalf and individuals whose use of the App has been suggested or recommended by a healthcare provider, employer, or other third party. These Terms apply solely to Dooly and do not govern any other product or service offered under the Chatterfly name.

By using Dooly, you affirm that you are at least 13 years of age, that you have the legal capacity to enter into a binding agreement, and that your use of the App complies with all laws and regulations applicable to you. If you are using the App in a professional capacity, including but not limited to as a licensed healthcare provider recommending the App to clients or patients. You further represent that your use complies with all applicable professional, institutional, and regulatory obligations governing your practice.

2. DESCRIPTION OF SERVICE

Dooly is a consumer-facing personal habit and skill maintenance application designed to help individuals build routines, track personal goals, and build consistent routines. The App provides tools including customizable habit tracking (“Doolies”), daily assignments, progress tracking, streak counters, and a personal reflection journal. These features are designed exclusively for general personal productivity and self-improvement purposes. Dooly is published and operated by Back to Basics Behavior, LLC (doing business as Chatterfly), a consumer software company. We are not a healthcare provider, a covered entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), nor a business associate of any healthcare provider. The App is not designed, built, approved, or intended for use as a clinical tool, a medical device, an electronic health record, or any form of clinical documentation system.

The fact that healthcare providers may recommend Dooly to their clients or patients does not alter the nature of the App or our obligations under law. A clinician’s recommendation of Dooly to a patient is a discretionary professional act undertaken by that clinician under their own authority; it does not create any contractual, professional, or regulatory relationship between us and that patient, nor does it impose any clinical obligations on us.

3. CONSUMER APPLICATION STATUS AND REGULATORY SCOPE

Dooly is a consumer application and is offered to the general public without restriction or identity verification beyond basic account creation. We have no means of knowing whether any given user is a patient, a clinical client, a healthcare professional, or a member of the general public. The App does not distinguish between users on the basis of how they intend to use it, and it is not configured to do so. Because Dooly is a consumer application with no contractual relationship with any healthcare covered entity, it is not subject to HIPAA as either a covered entity or a business associate. We do not enter into Business Associate Agreements (BAAs) with any party in connection with the use of this App. Healthcare providers who recommend Dooly to clients bear full responsibility for ensuring that their recommendation, and their clients’ use of the App, is consistent with all applicable professional standards, licensing requirements, and regulatory frameworks, including but not limited to HIPAA, state mental health confidentiality laws, and any applicable institutional policies. By entering information into Dooly, each user expressly represents and warrants that they have the right to store that information in a consumer application and that doing so is consistent with any professional, ethical, contractual, or regulatory obligations that apply to them. We bear no responsibility for a user’s failure to comply with their own applicable obligations.

4. SUBSCRIPTION, PAYMENT AND REFUND POLICY

Access to the full features of Dooly requires a paid subscription. Dooly offers a 30-day free trial period, after which continued access requires purchase of a subscription plan. The current plans are a monthly plan at $1.99 per month and an annual plan at $12.99 per year. Pricing is subject to change with notice. All billing for Dooly is processed exclusively through Apple’s App Store and is governed by Apple’s payment terms. Payment is charged to your Apple ID at the time you confirm your purchase. Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the renewal date. You may manage or cancel your subscription at any time through your Apple ID account settings. Dooly does not directly process, store, or have access to your payment information. All billing disputes must be directed to Apple in accordance with their policies.

5. USER CONTENT 

You retain ownership of all content you create within Dooly, including custom Doolies, categories, deck configurations, reflection journal entries, and check-in history (collectively, “User Content”). By using the App, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your User Content solely for the purpose of delivering the App’s functionality to you. This license does not extend to any commercial, research, marketing, or analytical use of your content. You are solely and entirely responsible for the nature, accuracy, and appropriateness of all content you enter into Dooly. You represent and warrant that your User Content does not violate any applicable law, infringe any third-party right, or contain any information that you are prohibited from storing in a consumer application by virtue of any professional, regulatory, or contractual obligation. We do not review, screen, monitor, or moderate User Content and assume no liability for the content users choose to enter into the App. Dooly is not designed to receive, store, or protect sensitive personal, health, or clinical information. You are strongly advised not to enter protected health information, clinical notes, patient-identifying details, or any other sensitive personal data into this App.

6. ACCEPTABLE USE

Dooly is licensed to you for personal, non-commercial use only. You agree to use the App solely in accordance with these Terms and all applicable local, state, national, and international laws and regulations. You may not use Dooly for any unlawful, harmful, abusive, or fraudulent purpose. You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of the App. You may not copy, redistribute, sublicense, sell, or otherwise transfer the App or any rights in it to any third party. You may not use the App to store or transmit content that is unlawful, obscene, defamatory, threatening, or invasive of another’s privacy. You may not attempt to probe, scan, or test the vulnerability of the App or any associated system, or breach any security or authentication measures. Commercial use of the App or its content requires our prior written consent.

7. GENERAL, LEGAL AND MEDICAL DISCLAIMERS

7.1. No Clinical or Medical Purpose

Dooly is a personal productivity application. It is not a medical device as defined by the U.S. Food and Drug Administration or any analogous regulatory body. It is not a clinical tool, a digital therapeutic, a behavioral health intervention, or a substitute for any form of licensed professional service. The App does not assess, diagnose, treat, cure, or manage any medical condition, mental health condition, behavioral health issue, or disability. No content within the App, including any habit suggestions, prompts, categories, or default Doolies, constitutes clinical advice, therapeutic guidance, or professional recommendation of any kind. Users who are experiencing mental health concerns, medical conditions, or crises should seek help from a licensed professional. Users who have been directed to the App by a healthcare provider should understand that the App is a supplementary personal tool and is not a component of their clinical care plan unless explicitly agreed otherwise in writing between the user and their provider — an agreement that we are not party to and take no responsibility for.

7.2. No Warranty of Any Kind

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT IT WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.3. No Guarantee of Outcomes

We make no representations, warranties, or guarantees regarding the effectiveness of Dooly for any purpose, including improving habits, maintaining skills, supporting recovery, achieving personal goals, or producing any behavioral, psychological, or clinical outcome. Individual results vary based on factors entirely outside our control. The App is a tool; its value depends entirely on how and whether an individual uses it. We are not responsible for any failure to achieve a desired result through use of the App.

7.4. Third-Party Recommendations

When a healthcare provider, therapist, coach, employer, or any other third party recommends Dooly to you, that recommendation is made under that party’s own authority and judgment. We do not endorse, credential, supervise, or take responsibility for any third party’s recommendation of the App, and no such recommendation creates any relationship between us and the recommending party’s professional obligations or the user’s expectations arising from that recommendation. Healthcare providers who suggest Dooly to clients do so at their own discretion and bear full responsibility for ensuring that such a suggestion is appropriate and consistent with their professional and regulatory duties.

7.5. Unsolicited Health Information

We do not solicit, request, or encourage users to enter health information, medical data, clinical notes, or protected health information into Dooly. If a user voluntarily enters such information despite the clear disclosures in these Terms and within the App, we bear no responsibility for the storage, security, or any consequences of that data entry. The presence of health-related content entered by a user does not transform Dooly into a HIPAA-covered system, a medical device, or a clinical platform, and does not impose any healthcare-specific regulatory obligation on us.

8. LIMITATION OF LIABILITY

8.1. Scope of Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACK TO BASICS BEHAVIOR LLC (DOING BUSINESS AS CHATTERFLY), ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SUCCESSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP — REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2. Types of Excluded Damages

Without limiting the foregoing, we expressly exclude liability for: loss of data, content, or User Content; loss of revenue, profits, or business opportunity; harm arising from reliance on the App as a clinical, therapeutic, or professional tool; harm arising from a clinician’s recommendation of the App to a patient or client; damages resulting from unauthorized access to your account or data; damages arising from interruption, suspension, or termination of the App or any of its features; and damages resulting from bugs, errors, or defects in the App’s operation.

8.3. Cap on Liability

In any event, our total cumulative liability to you for any claim arising out of or related to these Terms or your use of the App shall not exceed the total subscription fees you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty dollars ($50.00), whichever is greater. This limitation applies regardless of the form or theory of the claim, whether in contract, tort, strict liability, or otherwise.

8.4. Essential Basis of the Bargain

You acknowledge that the limitations of liability set forth in this section are a fundamental element of the basis of the bargain between you and us. We would not be able to offer the App at the current price point, or at all, without these limitations. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities; in such jurisdictions, our liability is limited to the minimum extent permitted by law.

9. INDEMNIFICATION

9.1. User Indemnification

You agree to defend, indemnify, and hold harmless Back to Basics Behavior LLC (doing business as Chatterfly) and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or in any way connected with: (a) your access to or use of the App; (b) your User Content, including any information you choose to enter into the App; (c) your breach of any provision of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party right, including any intellectual property right, privacy right, or confidentiality obligation.

9.2. Clinical and Professional Use Indemnification

If you are a licensed healthcare professional, therapist, counselor, coach, employer, or any other person acting in a professional capacity who has recommended, suggested, or directed another individual to use Dooly, you specifically agree to indemnify and hold harmless Back to Basics Behavior LLC (doing business as Chatterfly) from any and all claims, damages, regulatory actions, fines, professional sanctions, or legal proceedings arising from or related to that recommendation. This includes but is not limited to: claims by a patient or client that Dooly was used in the context of their clinical care; allegations that Dooly was used to store protected health information; claims that the recommendation of Dooly violated any professional standard, licensing requirement, or regulatory obligation; and any adverse outcome allegedly connected to the use or non-use of the App in a professional context.

9.3. Indemnification Procedure

We reserve the right to assume exclusive control of the defense of any matter otherwise subject to indemnification by you, at your expense. In that case, you agree to cooperate fully with us in asserting any available defenses. You may not settle any claim subject to this indemnification obligation without our prior written consent.

10. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Dooly that cannot be resolved informally shall be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts. Before initiating any legal proceeding, you agree to first contact us at support@chatterfly.org and make a good-faith effort to resolve the dispute informally. This informal resolution process shall last at least 30 days from the date we receive written notice of your claim.

11. CHANGES TO THESE TERMS

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via email or an in-app notice at least 14 days before the changes take effect. Your continued use of the App after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App before they take effect. The most current version of these Terms is always available at chatterfly.org/doolyterms.

12. TERMINATION

You may stop using the App and delete your account at any time. We reserve the right to suspend or permanently terminate your access to the App, with or without notice, if you violate these Terms, engage in fraudulent or abusive behavior, or for any other reason at our sole discretion. Upon termination, your license to use the App ends immediately. Your User Content will be deleted in accordance with the timeline described in our Privacy Policy, available at chatterfly.org/doolyprivacypolicy. Sections 7, 8, 9, and 10 of these Terms survive any termination.

13. MISCELLANEOUS

These Terms, together with our Privacy Policy (available at chatterfly.org/doolyprivacypolicy), constitute the entire agreement between you and us regarding your use of Dooly and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and all remaining provisions will remain in full force and effect. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of that right or provision. You may not assign your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations.

14. CONTACT

If you have questions about these Terms, please contact Back to Basics Behavior LLC (DBA Chatterfly) at support@chatterfly.org or through the website at chatterfly.org. The current version of these Terms is available at chatterfly.org/doolyterms. We aim to respond to all inquiries within 5 business days.