The FlightPlan (BETA) Terms of Service Addendum

This The FlightPlan (BETA) Terms of Service Addendum (this “Addendum”) applies to your access to and use of the The FlightPlan beta product (the “Service”) offered by Curious Cardinals (“Curious Cardinals,” “we,” “us,” “our”). This Addendum supplements (and does not replace) the main Curious Cardinals Terms of Service at curiouscardinals.com/terms-and-conditions (the “Main Terms”) and the main Privacy Policy at curiouscardinals.com/privacy-policy (the “Main Privacy Policy”). If there is a conflict between this Addendum and the Main Terms or the Main Privacy Policy, this Addendum together with The FlightPlan Privacy Policy Supplement (together, the “Addendums”) control for the Service.

By creating an account, purchasing a subscription, or using the Service, you agree to this Addendum.

2.1 Geographic scope. The Service is currently available to users located in the United States only. We do not knowingly make the Service available to users outside the United States. If you are accessing the Service from outside the United States, you must stop using it. This limitation allows us to comply with applicable US laws without also triggering obligations under non-US frameworks such as the EU General Data Protection Regulation (GDPR).

2.2 Parent is the contracting party. The Service is offered to families. The parent or legal guardian (the “Parent”) is the account holder and the contracting party. The Parent is responsible for (a) all payments and fees; (b) all use of the account; and (c) ensuring the student’s (“Student”) use of the Service complies with this Addendum.

2.3 Student users; age eligibility.The Student may use the Service only under a Parent’s account. The Service is intended for Students 13 years of age or older. Students under 13 may not use the Service.

2.4 Authority.By creating an account and allowing a Student to use the Service, the Parent represents they are the Student’s parent or legal guardian (or otherwise have legal authority to consent to the Student’s use of the Service).

3.1 Beta program. The FlightPlan is a beta program. The Service may contain bugs, errors, interruptions, and inaccurate or incomplete outputs, and we may modify, suspend, or discontinue all or part of the Service at any time.

3.2 No guarantees. We do not guarantee the Service will be error-free, always available, or that use of the Service will achieve any particular result or outcome.

3.3 Feedback license. If you submit feedback, suggestions, ideas, reviews, or other input about the Service (“Feedback”), you grant Curious Cardinals a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, display, and otherwise exploit that Feedback for any purpose, without compensation to you.

4.1 Inputs and Outputs. You may provide information and materials via voice conversations, text responses, and uploaded documents. Everything you (or the Student) submit or make available is “Inputs.” Content the Service generates is “Outputs.”

4.2 Voice recording and transcription. The Service will record and process voice audio to provide the Service, including by creating text transcripts. If you do not want your voice recorded, do not use the Service.

By starting and using a voice session, you consent to recording and transcription of your voice for the purpose of providing the Service. We do not use voice features to identify you.

All-party consent. This consent is provided by the Parent on behalf of themselves and the Student and is intended to satisfy applicable state recording consent requirements, including requirements in states that require the consent of all parties to a conversation before recording. Voice sessions will be recorded even if the Student is the primary speaker. Do not use the Service if you do not consent to recording.

4.3 Output quality; no reliance. Outputs depend on the Inputs you provide. You are responsible for reviewing Outputs before using them. Do not rely on Outputs as your only source for decisions about schools, programs, deadlines, eligibility, or submissions.

4.4 Ownership and licenses.

(a) Your Inputs. As between you and Curious Cardinals, you retain your rights in Inputs, subject to the licenses below.

(b) License to operate. You grant Curious Cardinals a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, process, modify (for formatting/technical purposes), and otherwise use Inputs only to: (i) provide and operate the Service; (ii) secure, maintain, and improve the Service; (iii) prevent fraud/misuse/security incidents; and (iv) comply with law and enforce this Addendum.

(c) Outputs.You may use Outputs for personal, non-commercial use for the Student’s planning purposes. You are responsible for how you use Outputs.

4.5 Prohibited sensitive data.Do not submit Social Security numbers, passport numbers, driver’s license numbers, payment card numbers (except through our payment processor), account passwords, or other highly sensitive information.

4.6 How AI processes your information; personalized recommendations.

(a) Generative AI processing. The Service uses third-party generative artificial intelligence (“AI”) models to analyze your Inputs — including voice transcripts, uploaded documents, and profile information — and generate personalized Outputs, including recommendations about colleges, programs, application strategies, essays, timelines, and activities (“AI Recommendations”).

(b) Automated generation. AI Recommendations are generated automatically based on your Inputs. Unless we separately indicate otherwise, they are not reviewed by a human counselor or advisor before delivery to you.

(c) No professional relationship. AI Recommendations do not constitute college counseling, academic advising, psychological, legal, financial, or other professional advice. We do not guarantee that AI Recommendations are accurate, complete, appropriate for your situation, or that following them will produce any particular outcome. You are responsible for independently verifying any information before acting on it.

(d) Third-party AI providers. We use third-party AI model providers to process Inputs and generate Outputs. A current list of our primary AI and transcription service providers is available by contacting us at info@curiouscardinals.com. These providers process your Inputs as our service providers and are contractually prohibited from using your information for their own independent purposes.

(e) AI limitations.Generative AI can produce errors, inconsistencies, outdated information, or fabricated content (sometimes called “hallucinations”). Do not rely on AI Recommendations as your sole source for any decision, especially decisions with significant personal or educational consequences.

4.7 Uploaded education records.

If you upload documents that may constitute education records under applicable law (such as school transcripts or grade reports), you represent that you have the right to upload and share those records with us. The FlightPlan is not a school or educational institution. We treat uploaded education records with the same care as other sensitive Inputs and use them only as described in Section 4.4(b) and The FlightPlan Privacy Policy Supplement.

5.1 De-identified and aggregated data (no opt-out available).We use certain FlightPlan information to create de-identified and/or aggregated data — meaning data that cannot reasonably be used to identify you or the Student — to help us evaluate and improve the Service (for example, to measure feature usage and output quality at a population level). Because this data is not personal information, we use it regardless of your Improvement Program preference described in Section 5.2. We use reasonable technical and administrative measures to prevent re-identification and do not attempt to re-identify de-identified data except as permitted by law.

5.2 Improvement Program — identifiable data (opt-out available). We may also use identifiable personal information to evaluate and improve the Service, for example by reviewing AI-generated recommendations alongside the Inputs used to generate them to assess accuracy and quality. This is the "Improvement Program." The Improvement Program does not involve training third-party AI models on your data.

The categories of personal information that may be used in the Improvement Program include:

• Voice audio recordings
• Transcripts of voice sessions
• Uploaded school transcripts and documents
• Student profile information (grade, interests, goals)
• AI-generated recommendations
• Usage and behavioral data

5.3 Improvement Program default and opt-out. You are enrolled in the Improvement Program by default. You can opt out at any time through Settings or by contacting info@curiouscardinals.com. Opt-out applies going forward and does not affect de-identified or aggregated data already created under Section 5.1.

Improvement Program Default is on. You are opted in to the Improvement Program unless the Student or Parent affirmatively opts out of the Improvement Program.

5.4 Improvement Program Opt-out. You can opt out of the Improvement Program any time through Settings or by contacting info@curiouscardinals.com. Opt-out applies going forward and does not affect de-identified or aggregated data already created under Section 5.1.

You agree not to:

7.1 Pricing and plan changes. We may change pricing, plan features, and availability at any time. If you have an active paid subscription, changes will apply starting at your next renewal (or as otherwise permitted by law), and we will provide advance notice as required. This includes pricing changes for add-on products or services and new features or modules.

7.2 Accounts. One subscription covers one (1) Student only. If you want to use the Service for more than one Student, you must purchase a separate subscription for each Student.

7.3 Auto-renewal disclosures. We may add autorenewals to the subscription or specific features. We will inform you in advance if there is an autorenew for the subscription or feature. If the subscription or feature renews automatically, you can cancel before renewal. You can cancel at any time in your account settings, and cancellation takes effect at the end of the current billing period. We will send renewal reminders at least 45 days before annual renewals and 14 days before quarterly renewals.

7.4 No Refunds. Payments are non-refundable except where required by law.

You may stop using FlightPlan at any time. We may suspend or terminate your access as permitted by law and as described in these FlightPlan Terms. Data will be retained and deleted in accordance with The FlightPlan Privacy Supplement and the Main Privacy Policy.

9.1 Privacy documents. Use of The FlightPlan is subject to the Main Privacy Policy and any FlightPlan privacy supplement we provide.

9.2 No targeted advertising in The FlightPlan. We do not use The FlightPlan Inputs (including Student information, voice audio, transcripts, or uploaded documents) to show you targeted ads inside The FlightPlan.

9.3 No “sale.” We do not sell personal information collected through The FlightPlan for money.

9.4 No “sharing” for cross-context behavioral advertising. We do not share personal information collected through The FlightPlan with third parties for cross-context behavioral advertising.

9.5 Service providers. We may disclose personal information to service providers that help us run The FlightPlan (e.g., hosting, transcription, AI processing, security, customer support, payment processing). Service providers are not permitted to use personal information for their own marketing or advertising purposes.

9.6 If this changes.If we ever decide to engage in targeted advertising in The FlightPlan, we will update this Addendum and The FlightPlan privacy supplement and provide any required “Do Not Sell or Share My Personal Information” rights and methods required by California law.

9.7 Do Not Sell/Share mechanism (California).If California law requires us to provide a “Do Not Sell or Share My Personal Information” mechanism for The FlightPlan, we will make it available through an easy-to-find link in The FlightPlan account settings and/or on our website, and we will honor browser-based opt-out preference signals where required.

9.8 Privacy contact. To submit a request related to California privacy rights for The FlightPlan data, contact: info@curiouscardinals.com.

10.1 As is; as available.FLIGHTPLAN (INCLUDING OUTPUTS) IS PROVIDED “AS IS” AND “AS AVAILABLE.”

10.2 No warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

10.3 No professional relationship. YOUR USE OF FLIGHTPLAN DOES NOT CREATE A COLLEGE COUNSELOR, THERAPIST, ATTORNEY, OR OTHER PROFESSIONAL RELATIONSHIP WITH CURIOUS CARDINALS.

10.4 Limitation of liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) CURIOUS CARDINALS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF CHANCE OR OPPORTUNITY; AND (b) CURIOUS CARDINALS’ TOTAL LIABILITY WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO CURIOUS CARDINALS FOR FLIGHTPLAN IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

11.1 Informal resolution first. Before starting arbitration or a court case, you agree to contact us and try to resolve the dispute informally. Send a written notice describing the dispute and the relief you want to: info@curiouscardinals.com and Curious Cardinals, 783 Lockearn St, Los Angeles, CA 90049. The notice must include your name and the email on your account. Both sides will try in good faith to resolve the dispute for 30 days after the notice is received.

11.2 Agreement to arbitrate. If we cannot resolve the dispute informally, you and Curious Cardinals agree to resolve any dispute arising out of or relating to The FlightPlan or this Addendum by binding individual arbitration.

11.3 Exceptions. Either party may bring: (a) qualifying claims in small claims court; and (b) claims for injunctive or equitable relief related to alleged unlawful use of intellectual property, infringement, misappropriation, or violations of confidentiality or security obligations.

11.4 Administrator and rules.The arbitration will be administered by JAMS under its consumer arbitration rules (the “Rules”), as modified by this Addendum. If JAMS is unavailable, the parties will agree to a substitute administrator.

11.5 Location and format. If you live in the United States, arbitration will take place in your county of residence or by videoconference/phone, unless the parties agree otherwise.

11.6 Arbitrator authority. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

11.7 Fees and costs.Payment of fees will be governed by the Rules and applicable consumer standards. We will not seek our attorneys’ fees and costs from you unless the arbitrator determines your claim was frivolous or brought for an improper purpose.

11.8 Class action waiver. YOU AND CURIOUS CARDINALS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over a representative proceeding.

11.9 Jury trial waiver. If a dispute proceeds in court rather than arbitration, you and Curious Cardinals waive any right to a jury trial to the fullest extent permitted by law.

11.10 Opt-out. You may opt out of arbitration by sending written notice to info@curiouscardinals.com within 30 days of the earliest of: (a) when you first accepted this Addendum, or (b) when you first purchased The FlightPlan. Your opt-out notice must include your name and the email associated with your account.

11.11 Severability. If any part of this Section 11 is found unenforceable, the remainder remains in effect. If the class action waiver is found unenforceable, then the entire arbitration agreement will be null and void.

11.12 Parent contracting party; Student users.The Parent is the contracting party. The Parent agrees to this Section 11 on behalf of themselves and, to the extent permitted by law, for disputes relating to a Student’s use under the Parent’s account.

12.1 Voice/biometric risk states. Because FlightPlan may collect voice audio and create transcripts, you agree that we may limit or disable voice features in certain jurisdictions.

At launch, we may choose not to offer voice features (or not offer FlightPlan at all) in Illinois, Texas, and Washington, unless and until we have state-specific consent and retention practices in place.

12.2 Additional jurisdictions we may restrict.We may restrict availability where legal/compliance risk is materially higher for minors’ data or subscription rules.

The FlightPlan is subject to a FlightPlan Privacy Policy Supplement (“Privacy Supplement”) that describes, among other things, categories of information collected (including voice, transcripts, and uploads), use/sharing, Improvement Program opt-in, retention and deletion, and contact methods.

14.1 Program description. The FlightPlan operates a transactional text messaging (SMS) program (the “Messaging Program”) used to send messages related to your FlightPlan account. These messages include: (a) one-time verification codes when you sign in or verify your phone number; (b) a single-use link inviting a person to join a FlightPlan family account; (c) reminders and updates about appointments you schedule, if you choose to receive appointment texts; (d) reminders about your weekly check-ins, if you enable check-in reminders; and (e) messages from Sky, our coaching assistant, in text message conversations that you start or opt in to. When a Parent or Student adds a family member to their account, they provide that family member’s mobile number and confirm they have the family member’s permission to be contacted. We send only messages related to your FlightPlan account. We do not send marketing or promotional text messages through the Messaging Program.

14.2 Message frequency. Message frequency varies based on account activity (for example, a verification code each time you sign in, a one-time message when you are invited to a FlightPlan family account, or a weekly reminder if you enable check-in reminders).

14.3 Message and data rates. Message and data rates may apply. These charges are set by your mobile carrier and are your responsibility.

14.4 Opting out. You can cancel the Messaging Program at any time by replying STOP to any message. After you send STOP, we will send a one-time confirmation and will not send further messages unless you opt back in. You may reply START to resubscribe. Because FlightPlan uses your phone number to sign in, opting out of text messages may prevent you from receiving sign-in verification codes. If you have trouble signing in or receiving messages after opting back in, contact us at sky@theflightplan.com and we will help restore text messages to your number.

14.5 Help. For help, reply HELP to any message or contact us at sky@theflightplan.com.

14.6 Carrier disclaimer. Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and is not guaranteed.

14.7 Privacy. Mobile phone numbers and SMS consent information are handled as described in The FlightPlan Privacy Policy Supplement. We do not share mobile opt-in or consent information with third parties for their own marketing purposes.