Version 1.0

Effective date: 27th November 2025
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Customers of Famly can participate in the New Sidekick - Early Access Beta program (“New Sidekick Beta”) to generate written material on the Newsfeed, in messages, observations or assessments with new features allowing for voice and quick prompt within the Famly platform by using AI technology. Participation in the New Sidekick Beta is subject to these beta program terms of services (“Beta Terms”). These Beta Terms are entered into between Famly ApS (“Famly”) and the entity participating in this New Sidekick Beta program (“Customer”).
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These Beta Terms govern the Customer access and use of the New Sidekick Beta feature that Famly offers on a beta basis (“Beta Services”).
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The following sets out the Beta Terms. By opting in to use the New Sidekick Beta these Beta Terms are accepted. An authorised representative of the Customer represents and warrants that it has read, understand, and agree to be bound by these Beta Terms and that it is authorised to accept these Beta Terms on behalf of the Customer. If the Customer does not agree, do not proceed to use the Beta Services.
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1. Beta Period and Usage

1.1. The Customer may access and use the Beta Services on an non-exclusive basis in accordance with these Beta Terms for the specific period of time granted by Famly (“Beta Usage Period”).

1.2. The Customer agrees to use the Beta Services at its own discretion and risk.

1.3. Famly may modify and/or discontinue any or all of the Beta Services at any time, at its sole discretion with or without notice, and any or all of the Beta Services

may not become generally available.

1.4. The Beta Services are offered to the Customer at no-additional cost. However,

Famly reserves the right to modify pricing for Beta Services at any time during

and after the duration of the Sidekick Learning Beta.

1.5. Famly has limited or no support obligations with respect to the Beta Services.

Famly will use reasonable efforts to respond to critical issues but makes no

guarantee of response times or resolution.
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2. Customer Requirements and Input/Output

2.1. The Customer agrees to comply with all applicable laws, rules and regulations in connection with its access to, and use of, the Beta Services, including but not

limited to applicable data protection legislation.

2.2. The Customer agrees to comply with OpenAI’s policies when using the Beta

Services: (i) Usage Policies (located at: https:/ /openai.com/policies/usage-policies) and (ii) Sharing and Publication Policy (located at: https:/ /openai.com/policies/sharing-publication-policy)

2.3. The Customer may provide input to the Beta Services by submitting information into the Beta Services (“Input”). Once the Customer has provided the Input the Beta Services will generate and return an output based on the Input (“Output”). As between the parties and to the extent permitted by applicable law, the Customer is responsible for and owns Input and Output, including for ensuring

that it does not violate any applicable laws, policies or these Beta Terms.

2.4. Due to the nature of machine learning Output may not be unique across users

and the Beta Services may generate the same or similar output. Responses that

are requested by and generated for other users are not considered the

Customer’s Output.

2.5. OpenAI will not use data submitted by the Customer or the Output for its own

purposes to develop, improve or train the OpenAI artificial intelligence models.

2.6. Famly may access the input and output solely for the purpose of assessing and improving the quality of the output provided. Any input or output accessed for

this purpose will not be linked to the Customer or otherwise used to identify the

Customer. The input and output will be retained for a maximum period of 30

days.
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3. Restriction on Use

3.1. The Customer may not (i) use the Beta Services in a way that infringes,

misappropriates or violates any persons’s rights (including, without limitation,

privacy rights); (ii) reverse assemble, reverse compile, decompile, translate or

otherwise attempt to discover the source code or underlying components of

models, algorithms, and systems of the Beta Services (except to the extent such

restrictions are contrary to applicable law); (iii) use the Beta Services to develop

models that can compete with Famly or OpenAI; (iv) use any method to extract

data from the Beta Services, including web scraping, web harvesting, or web data

extraction; (v) represent that Output was human-generated when it is not; (vi)

attempt to bypass or circumvent any limitations on access or use of the Beta

Services.

23.2. The Customer agrees to comply with any rare limits or other limitations directed by Famly.

​4. Data Processing

4.1. Processing of personal data in connection with the Beta Services is subject to the Famly Data Processing Agreement. For the avoidance of doubt, the liability

obligations in the Famly Data Processing Agreement and the Famly Terms and

Conditions shall not apply to the Beta Services, except to the extent required

under the applicable data protection legislation. Famly’s liability obligations in

connection with the Beta Services are solely governed by these Beta Terms.

4.2. Customer acknowledges that by using the Beta Services, it agrees to OpenAI

OpCo L.L.C. or its affiliates (collectively “OpenAI”) to become a sub-processor

processing the personal data submitted to the Beta Services in accordance with

the OpenAI data processing terms and security policy. By accepting these Beta

Terms the Customer agrees for Famly to arrange for the personal data to be

transferred to OpenAI for the delivery of the Beta Services.

4.3. If the Customer use of the Beta Services will involve processing of personal data, the Customer is responsible for providing legally adequate privacy notices and for determining the appropriate legal basis for the processing of such data in

accordance with applicable data protection laws.

4.4. Any personal data submitted to the Beta Services is hosted in the U.S by OpenAI.

4.5. Input and Output data (irrespective of whether it contains personal data) is

deleted by OpenAI and sub-processors every 30 days.

5. Feedback

5.1. The Customer has the ability to provide feedback, comments, ideas, suggestions for improvements and/or other information regarding its use of the Beta Services (“Feedback”).

5.2. All right, title and interest in and to any such Feedback shall be owned solely and exclusively by Famly. The Customer agrees that Famly shall have the perpetual, irrevocable and worldwide right to use and otherwise exploit all or part of the Feedback in any manner without any remuneration or compensation.

​6. Accuracy

6.1. Artificial intelligence and machine learning are rapidly evolving fields of study.

Given the probabilistic nature of machine learning, use of the Beta Services may

in some situations result in incorrect Output that does not accurately reflect real

people, places, or facts.

6.2. The Customer is responsible for evaluating the accuracy of Output generated by the Beta Services as appropriate for its use case by using human review of both

Input and Output generated by the Beta Services.

​7. Intellectual Property

7.1. Famly and its third party technology providers (including OpenAI), as applicable, own all legal rights, title and interest in and to the Beta Services, including all intellectual property rights. Except for the rights expressly granted to the Customer under these Beta Terms, no other rights or permissions to access or

use any of the Beta Services is granted.
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8. Confidentiality

8.1. During and after the Customer participation in the New Sidekick Beta, the

Customer shall not disclose any proprietary and/or nonpublic information of

Famly or third parties provided to it or to which the Customer has access in

connection with the New Sidekick Beta (“Confidential Information”), except as

authorized in writing by Famly or as required by law or court order, provided: (i)

the Customer will promptly notify Famly in writing of the requirement for

disclosure, and (ii) disclose only that portion of the Confidential Information

legally required. The Customer shall promptly notify Famly of any actual or

suspected misuse or unauthorized disclosure of Confidential Information.

8.2. Confidential Information includes, without limitation, these Beta Terms and any

documents, designs, techniques, specifications, unreleased and experimental

product features, product plans, existing or prospective business plans, existing

or prospective research or test objectives and/or results, comments and

discussions related to any such information provided by the Customer or other

applicable New Sidekick Beta program members.

8.3. The Customer agrees to (i) use Confidential Information only for the purpose of participating in the New Sidekick Beta; (ii) not disclose Confidential Information to any third parties; (iii) not copy or download any Confidential Information unless

instructed to do so by Famly; and (iv) use the same degree of care, but no less

than a reasonable degree of care, to prevent the unauthorised use, dissemination

or publication of Confidential Information as the Customer would use to protect

its own confidential information of like nature.
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9. Term and Termination

9.1. These Beta Terms take effect when the Customer enables the New Sidekick Early Access feature on the Playground on the Famly platform, and remain in effect

until terminated.

9.2. The Customer may terminate these Beta Terms at any time for any reason.

9.3. Famly may terminate these Beta Terms and/or discontinue the Customer

participation in the New Sidekick Beta and access to the Beta Services at any

time for any reason, with or without notice and without liability to the Customer,

including, without limitation (i) if the Customer breaches these Beta Terms; (ii) if

the Customer is no longer a customer in good standing with Famly or (iii) if there

are changes in relationships with third party technology providers.

9.4. Upon termination, the Customer will stop using the Beta Services and it will

promptly return or, if instructed by Famly, destroy any Confidential Information, if

applicable.

​10. Disclaimer of warranties

10.1. The Customer acknowledges and agrees that the Beta Services are provided

“as-is” and as available basis. To the extent prohibited by applicable law, Famly,

its affiliates, subsidiaries and licensors expressly disclaim any and all warranties

of any kind, express or implied, including, but not limited to, merchantability,

fitness for a particular purpose, satisfactory quality, non-infringement, quiet

enjoyment and any warranties arising out of any course of dealing or usage of

trade. Famly makes no warranties that any of the Beta Services will meet the

Customer requirements or that the Beta Services will be uninterrupted, timely or

error-free, nor does Famly make any warranty as to the results (including without

limitation any Outputs) that may be obtained from the use of the Beta Services

or the accuracy of any other information generated or obtained through the Beta

Services.
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11. Limitation on liability

11.1. In no event will Famly, its affiliates or licensor, be liable to the Customer or any

other third party for any indirect, special, incidental, exemplary, punitive or

consequential damages or for lost revenue, lost profits, lost data, loss of

technology or goodwill or other losses arising from the Customer’s use of the

Beta Services.

11.2. Famly’s aggregate liability under these Beta Terms shall not exceed one hundred U.S dollars (U.S. $100). The limitation in this section applies only to the maximum extent permitted by applicable law.

​12. Indemnification

12.1. The Customer agrees to defend, indemnify and hold harmless Famly, its affiliates and subsidiaries, officers, directors, agents, and employees (collectively “Famly Indemnified Parties”) from and against any third party claim arising from or

related to the Customer’s use of the Beta Services (including Input and Output),

and the Customer’s breach of these Beta Terms or violation of applicable laws,

rules, and regulations, including any liability arising from or relating to such claims,

losses, damages, judgments, settlements, costs and expenses (including

attorney’s fees).
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13. Change to the Beta terms

13.1. Famly reserves the right to amend these Beta Terms from time to time. Famly will notify the Customer of material revisions, for example via an in-product

notification or an email to the email associated with the Customer’s account to

5the Famly platform. The Customer’s continued use of the Beta Services after any

change has become effective means the Customer agrees to such change.

Material changes that will affect the Customer rights or obligations under these

Beta Terms will become effective 14 days after Famly notifies the Customer. Any

other changes will take effect immediately. If any changes are not acceptable to

the Customer, the Customer may discontinue its use of the Beta Services in

accordance with Section 9.
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14. Miscellaneous

14.1. Assignment. The Customer may not assign or delegate any rights or obligations under these Beta Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. Famly may assign these Beta Terms in connection with a merger, acquisition or sale of all or substantially all of its assets, or to any affiliate or as part of a corporate

reorganization.

14.2. Waiver and Severability. If the Customer does not comply with these Beta Terms, and Famly does not take action right away, this does not mean Famly is giving up any of its rights. If any provision of these Beta Terms will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Beta Terms will

otherwise remain in effect.

14.3. Notices. Any notices to Famly must be sent to privacy@famly.co.

14.4. Equitable Remedies. The Customer agrees that any breach of these Beta Terms by the Customer may result in irreparable harm to Famly or its affiliates or

subsidiaries, for which damages would be an inadequate remedy and therefore, in

addition to its rights and remedies otherwise available at law, Famly shall be

entitled to seek equitable relief, including injunction, in the event of such breach.

14.5. Entire Agreement. These Beta Terms and any policies incorporated in these Beta Terms contain the entire agreement between the Customer and Famly regarding the New Sidekick Beta and the Customer access and use of the Beta Services and supersedes any prior or contemporaneous agreements, communications, or understandings between the Customer and Famly on that subject. For avoidance of doubt, as it relates to the Beta Services, these Beta Terms will control to the extent there is a conflict with any other agreement entered into between the Customer and Famly that apply to Famly services to which the Customer subscribes (e.g. the Famly Terms and Conditions).

15. Governing Law and Dispute Resolution

15.1. In the event of any dispute, claim, question or disagreement arising from or

relating to these Beta Terms, whether arising in contract, tort or otherwise,

(“Dispute”), the parties shall first use their best efforts to resolve the Dispute. If a

Dispute arises, the complaining party shall provide written notice to the other

6party in a document specifically entitled “Initial Notice of Dispute”, specifically setting forth the precise nature of the dispute (“Initial Notice of Dispute”). If an Initial Notice of Dispute is being sent to Famly it must be emailed to

privacy@famly.co and sent via mail to:

Attn: Legal

Famly ApS

Købmagergade 19, 2 tv.

1150 Copenhagen, Denmark

Following receipt of the Initial Notice of Dispute, the parties shall consult and

negotiate with each other in good faith, and recognizing their mutual interest,

attempt to reach a just and equitable solution of the Dispute that is satisfactory

to both parties (“Direct Dispute Resolution”). If the parties are unable to reach a

resolution of the Dispute through Direct Dispute Resolution within 30 days of the

receipt of the Initial Notice of Dispute, then the Dispute shall subsequently be

resolved as set forth below.

15.2. In the event that a dispute between the parties cannot be settled through Direct Dispute Resolution, as described above, the provision on “Governing Law and Dispute Resolution” and “Arbitration and Class Action Waiver” (as applicable) of the Famly Terms and Conditions applicable to the Customer will apply.