PandaMama

Terms of Service

The agreement for using PandaMama. Please read Sections 2 and 15.

Effective date: [launch date]
Last updated: October 1, 2026

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 15) THAT AFFECT YOUR LEGAL RIGHTS. THEY ALSO CONTAIN IMPORTANT DISCLAIMERS: PANDAMAMA IS NOT A MEDICAL SERVICE AND DOES NOT PROVIDE MEDICAL ADVICE (SECTION 2), YOU ARE SOLELY RESPONSIBLE FOR YOUR CHILD'S CARE AND FOR YOUR USE OF THE SERVICE (SECTION 2A), AND OUR LIABILITY TO YOU IS LIMITED (SECTIONS 11 AND 12).

1. Agreement

These Terms of Service (the "Terms") are a legal agreement between you and Polanco Capital Partners of America, a California corporation ("PandaMama," "we," "us," or "our"), 530 Technology Drive #100, Irvine, California 92618, United States, governing your use of the PandaMama mobile application, website, widgets, Siri and voice features, and related services (together, the "Service").

By creating an account, tapping "agree," or using the Service, you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

Each caregiver in a family accepts these Terms individually when they create an account or join a family.

You must be at least 18 years old, or the age of majority where you live, and legally able to enter into contracts, to use the Service. By using it you represent that you are.

If you are accepting these Terms on behalf of someone else, for example as a caregiver invited by a family, you represent that you have the right to do so.

2. PandaMama is not medical advice

THE SERVICE IS A RECORD-KEEPING TOOL. IT IS NOT A MEDICAL DEVICE, IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY CONDITION, AND DOES NOT PROVIDE MEDICAL, NUTRITIONAL, LACTATION OR OTHER PROFESSIONAL ADVICE.

Everything the Service shows you, including timers, totals, averages, "next side" reminders, feed reminders, estimates of future feeds or diapers, summaries and the pediatrician report, is generated from the entries you and your family record and from general ranges published by third parties. It is provided for your convenience only. It may be incomplete, delayed, out of sync, or wrong, and it is not tailored to your baby's individual health.

Always rely on your own judgment and on the advice of your pediatrician, lactation consultant or other qualified healthcare professional for decisions about your baby's feeding, sleep, growth, health and care. Never delay seeking professional advice or disregard it because of anything in the Service. If you believe your baby is unwell or in danger, contact your doctor or emergency services immediately. Do not use the Service to communicate an emergency.

PandaMama is not a baby monitor or a safety device. It does not monitor breathing, heart rate, oxygen, temperature, position or any other vital sign, and it cannot detect or warn of any medical event, including sudden infant death syndrome (SIDS) or sleep-related death. Sleep entries are a record of what a caregiver logs, not an observation of the baby. Always follow safe sleep guidance from your pediatrician and from authorities such as the American Academy of Pediatrics, and never leave a baby unattended or rely on the Service to supervise a baby.

Typical ranges shown in the Service (for example, how many feeds or wet diapers are common at a given age) are general figures published by third parties. They are not targets, and a baby who falls outside them may be perfectly healthy, or may need attention that the Service cannot detect.

Feed reminders and other notifications are conveniences that depend on your device, its settings and network conditions. They may not arrive, and you should not rely on them as a substitute for your own attention.

2A. You are responsible; assumption of risk

BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

(a) You alone are responsible for the care, feeding, sleep, health and safety of any child whose information you record, and for every decision you or any caregiver makes about that child, whether or not you consulted the Service.

(b) You alone are responsible for what you and the caregivers you invite enter into the Service, for checking that it is accurate, and for how you and they use, rely on, share or act on anything the Service shows.

(c) You use the Service voluntarily and entirely at your own risk. You understand that timers, reminders, notifications, sync, voice entries, summaries, ranges and reports can be late, missing, incomplete or wrong, and you accept that risk.

(d) To the fullest extent permitted by law, you release the PandaMama Parties (defined in Section 11) from, and waive, all claims, demands and damages of every kind, known or unknown, arising out of or relating to the matters in (a) through (c). If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law in any other jurisdiction.

Nothing in this Section 2A limits any liability that cannot be limited or excluded under applicable law, as described at the end of Section 12.

3. Your account and your family

Account. You need an account to use the Service, including during the free trial. You may sign in with Apple, Google or an email address. You are responsible for keeping your device and sign-in secure and for everything that happens under your account. Tell us right away if you believe your account has been accessed without permission.

Family. The person who creates a baby's profile is the family owner and may invite other caregivers. Every caregiver in a family can see, add, edit and delete the family's care logs. You are responsible for whom you invite. We are not responsible for what any caregiver you invite does with the family's information inside or outside the Service. The family owner can remove a caregiver at any time; removal stops future access but does not undo what that person may already have seen or copied.

Accuracy. The Service is only as good as what is entered into it. You are responsible for the accuracy and completeness of your entries. We do not verify them.

One family. A purchase covers one family in the Service: its babies and the caregivers invited to it. Each caregiver uses their own account and must accept these Terms. You may not share an account, or invite people who do not care for the family's babies, in order to give others access without paying.

Invitations. A family code lets the person who holds it see the baby's first name, birth date and the inviter's first name before joining, and join your family. Share codes only with people you intend to invite. Codes are single use and expire after the period shown in the app.

4. Purchases, free trial and billing

Plans. The current plans, prices and trial terms are shown in the app before you buy, and the app's purchase screen controls if anything here differs. As of the effective date there are two ways to unlock full logging:

What "Lifetime" means. "Lifetime" means access to the features of the PandaMama app included in the Lifetime purchase for as long as we operate and make that app available, on supported devices and operating systems. It does not mean the lifetime of the purchaser or of any child. It includes updates we make generally available to Lifetime purchasers. It does not include separately priced products or services we may offer in the future, which we will identify as separate before you buy. If we discontinue the Service, Section 9 applies, and we will give you a reasonable opportunity to export Your Content.

Founding price. The Founding Lifetime price is a limited introductory price. We may end it at any time, including before any stated number of purchases is reached. A later lower or higher price, sale or promotion does not entitle anyone to a refund, credit or price adjustment.

Free trial. Eligible new subscribers to Monthly receive a free trial of the length shown at purchase. Eligibility is determined by Apple or Google; generally one trial per store account. You will not be charged during the trial. Unless you cancel at least 24 hours before the trial ends, your Monthly subscription begins automatically and the monthly price shown at purchase is charged to the payment method on file with Apple or Google, and then every month until you cancel. We send a reminder before the trial ends as a courtesy; not receiving it does not change these terms.

Automatic renewal. Monthly renews automatically at the end of each monthly period, at the then-current price for your plan, until you cancel. Your app store charges the payment method on file within 24 hours before the end of the current period.

How to cancel. You cancel Monthly through your app store, not through us: on iPhone, Settings, your name, Subscriptions; on Android, Google Play, Profile, Payments and subscriptions, Subscriptions. Deleting the app does not cancel a subscription. Buying Lifetime does not cancel Monthly; you must cancel Monthly separately. Cancellation takes effect at the end of the current period, and you keep access until then.

Refunds. Payments are processed by Apple or Google under their terms, and refunds are governed by their policies. We cannot issue refunds for purchases made through them; request any refund from Apple or Google. Except where the law requires otherwise, all fees are non-refundable, and there are no refunds or credits for partial periods, unused time or unused features.

Price changes. We may change prices for future purchases at any time. For an existing Monthly subscription, a price increase applies only at a later renewal, after advance notice from us or your app store and, where your app store or the law requires it, your consent. If you do not agree, cancel before the renewal. A price change never affects a Lifetime purchase you have already made.

When access ends. If your Monthly subscription ends or your trial ends without a purchase, your family's history remains readable and exportable in the app; new logging is locked until you buy again. We do not delete your data because a payment lapsed.

Family members. One purchase by any member of a family unlocks the Service for that family. Apple's Family Sharing is not used for this; access is shared through the app's family feature. If the purchaser leaves or is removed from a family, or deletes their account, the family may lose access that came from that purchase.

Taxes. Prices may include or exclude tax depending on your location; your app store shows the final amount.

California residents. The automatic renewal and cancellation terms above are provided in accordance with the California Automatic Renewal Law (Business and Professions Code section 17600 and following). You may cancel online through your app store at any time as described above.

5. License and restrictions

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the Service on devices you own or control, for your family's personal, non-commercial use.

You may not, and may not allow anyone else to: copy, modify, distribute, sell, rent, sublicense or create derivative works of the Service; reverse engineer, decompile or attempt to extract the source code of the Service, except to the extent the law expressly permits; use the Service to build a competing product; access the Service by automated means, scrape it, or overload it; circumvent any security or access control, including family and subscription limits; use the Service for any unlawful purpose or in violation of any third party's rights; upload malicious code; use the Service to store information about a child you do not have the legal right to care for; or use the Service in any way that could harm a child.

The Service, including its illustrations, characters, text, designs, code and the PandaMama name and marks, is owned by us or our licensors and is protected by copyright, trademark and other laws. Except for the license above, we reserve all rights. The panda characters and artwork may not be reproduced or used apart from the Service.

6. Your content

You own the information you and your family record in the Service ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, display, transmit and back up Your Content, and to create de-identified and aggregated data from it, solely to operate, secure, support and improve the Service, and as described in our Privacy Policy. This license ends when you delete Your Content or your account, except for copies in routine backups (deleted on their normal cycle), aggregated or de-identified data, and copies we must keep by law.

You represent that you have the right to record Your Content, including information about the baby in your care and about the caregivers you invite, and that doing so does not violate any law or anyone's rights.

Export. You can export a complete copy of Your Content at any time from Settings. We encourage you to do so regularly if you rely on your records for any important purpose. We are not a system of record for medical purposes and we do not guarantee that Your Content will be preserved.

We may remove content that violates these Terms.

7. Voice and Siri features

Voice logging and Siri support are conveniences that rely on speech recognition performed by your device and by Apple or Google under their own terms. Speech recognition is imperfect, especially in noisy rooms, with accents, or with mixed English and Spanish. Always check that a voice entry was recorded correctly; you are responsible for reviewing and correcting voice entries. These features may not be available in all languages, regions or devices.

8. Third-party services and app store terms

The Service relies on third-party services, including Apple, Google, Firebase and RevenueCat, and on your device's operating system. Their availability, terms and privacy practices are outside our control. Your use of Apple's or Google's services, including sign-in, payment, notifications, Siri and widgets, is governed by their terms.

Additional terms for the Apple App Store. These Terms are between you and PandaMama only, not Apple. Apple is not responsible for the Service or its content. Our license to you is limited to a non-transferable license to use the Service on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Service may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. We, not Apple, are responsible for providing maintenance and support. In the event the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the Service. We, not Apple, are responsible for addressing any claims relating to the Service or your possession or use of it, including product liability claims, any claim that the Service fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar laws. We, not Apple, are responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service infringes that third party's intellectual property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

9. Availability, changes and updates

We work hard to keep the Service available, but it is provided over networks and devices we do not control, and it may be interrupted, delayed or unavailable, including for maintenance, updates or events outside our control. Sync between family members may be delayed. We may change, suspend or discontinue any feature at any time, and we may release updates that you must install to keep using the Service. We will try to give reasonable notice of material changes and, if we discontinue the Service entirely, a reasonable opportunity to export Your Content.

10. Feedback

If you send us ideas, suggestions or feedback, you agree that we may use them without restriction or compensation to you, and that they are not confidential.

11. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS AND SERVICE PROVIDERS (THE "PANDAMAMA PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT TIMERS, REMINDERS, NOTIFICATIONS, SYNC, ESTIMATES, SUMMARIES OR REPORTS WILL BE ACCURATE, COMPLETE OR DELIVERED; THAT VOICE ENTRIES WILL BE RECOGNIZED CORRECTLY; THAT YOUR CONTENT WILL BE PRESERVED; OR THAT THE SERVICE WILL MEET YOUR NEEDS. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, any implied warranty is limited to the shortest period and the minimum extent permitted by law.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PANDAMAMA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE PANDAMAMA PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US$50).

WITHOUT LIMITING THE FOREGOING, THE PANDAMAMA PARTIES WILL NOT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY CAREGIVER IN RELIANCE ON INFORMATION SHOWN IN THE SERVICE, INCLUDING ANY DECISION ABOUT A CHILD'S FEEDING, SLEEP, HEALTH OR CARE; FOR THE ACTS OR OMISSIONS OF ANY CAREGIVER YOU INVITE; OR FOR THE ACTS OR OMISSIONS OF APPLE, GOOGLE OR ANY OTHER THIRD PARTY.

These limitations are fundamental elements of the bargain between you and us, and the Service would not be provided without them. They apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, including, for California residents, liability for fraud, willful injury to a person or property, or violation of law, as provided in California Civil Code section 1668, and they do not limit any liability for gross negligence where such limitation is prohibited. Some jurisdictions do not allow the limitation of certain damages, so some of the above may not apply to you; in that case, our liability is limited to the fullest extent the law permits.

13. Indemnification

You agree to defend, indemnify and hold harmless the PandaMama Parties from and against all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or relating to: your use of the Service; Your Content; your violation of these Terms or of any law or third-party right; any caregiver you invite; or any dispute between you and another caregiver or family member. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us.

14. Termination

You may stop using the Service and delete your account at any time in Settings. We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, pose a risk to other users or to the Service, or if required by law, and we may discontinue the Service as described in Section 9. On termination the license in Section 5 ends. Sections 2, 2A, 5 (as to restrictions and ownership), 6, 10 through 18 survive termination. If we terminate your account for a reason other than your breach, we will give you a reasonable opportunity to export Your Content.

15. Dispute resolution: informal resolution, binding arbitration and class action waiver

Please read this section carefully. It requires you to resolve disputes with us through binding individual arbitration rather than in court, and it waives your right to participate in a class action. You may opt out as described below.

15.1 Informal resolution first. Before starting an arbitration or lawsuit, you agree to first contact us at hello@pandamama.app, with the subject line "Dispute," describing your name, account email, the nature of the dispute and the relief you seek. We will do the same if we have a claim against you, using the email on your account. You and we agree to try in good faith to resolve the dispute informally for at least 60 days from that notice. Statutes of limitation are tolled during this period. This step is a condition precedent to arbitration or litigation.

15.2 Agreement to arbitrate. Except as provided in Section 15.5, you and PandaMama agree that any dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy or the Service, including their formation, validity, interpretation, performance, breach or termination, and including claims that arose before you accepted these Terms, will be resolved by binding individual arbitration and not in court. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. section 1 et seq., and evidences a transaction in interstate commerce.

15.3 Rules and procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the arbitration is filed, as modified by this section. The rules are available at adr.org. If AAA is unavailable, the parties will select another established arbitration provider. The arbitrator will be a single neutral arbitrator. The arbitration will take place in Orange County, California, unless you and we agree otherwise; either party may elect to appear by video, and disputes under US$10,000 may be resolved on documents alone at your election. The arbitrator may award the same individual relief a court could, and must follow these Terms and applicable law. The arbitrator's decision is final and binding, and judgment on the award may be entered in any court with jurisdiction.

15.4 Fees. If you start an arbitration in good faith, we will pay all AAA filing, administrative and arbitrator fees in excess of the amount you would pay to file a claim in small claims court, unless the arbitrator finds your claim frivolous. Each party bears its own attorneys' fees unless applicable law or the AAA rules provide otherwise.

15.5 Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in court to protect its intellectual property rights or to stop unauthorized use of the Service. Nothing in this section prevents you from bringing issues to the attention of federal, state or local agencies, which may seek relief against us on your behalf.

15.6 Class action and jury waiver. YOU AND PANDAMAMA 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, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding, and may award relief only to the individual party seeking it and only to the extent necessary to resolve that party's individual claim. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND PANDAMAMA WAIVE THE RIGHT TO A JURY TRIAL. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and litigated in court, and the remainder of the dispute will proceed in arbitration.

15.7 Coordinated filings. If 25 or more similar arbitration demands are filed against us by the same or coordinated counsel, the parties agree that the demands will be resolved in batches of no more than 25, each batch assigned to a single arbitrator, and that AAA's fee schedule for such filings will apply. The parties will cooperate in good faith to select bellwether cases where appropriate. Statutes of limitation are tolled for demands awaiting a batch.

15.8 Opt-out. You may opt out of this arbitration agreement and class action waiver by emailing hello@pandamama.app with the subject line "Arbitration Opt-Out," your name and account email, within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms. If you opt out, disputes will be resolved in the courts described in Section 16.

15.9 Changes. If we change this Section 15 after you accept these Terms, you may reject the change by emailing us within 30 days of the change, in which case the version you last accepted continues to govern.

15.10 Severability. Except as stated in Section 15.6, if any part of this Section 15 is found unenforceable, the remainder remains in effect.

16. Governing law and venue

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of California and the Federal Arbitration Act, without regard to conflict-of-law rules, except that consumers outside California may be entitled to the protection of mandatory consumer laws where they live. For any matter not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California, and waive any objection to venue there.

17. Notice to California residents

Under California Civil Code section 1789.3, California users are entitled to the following notice: The Service is provided by Polanco Capital Partners of America, 530 Technology Drive #100, Irvine, California 92618. To file a complaint regarding the Service or to receive further information, contact us at hello@pandamama.app. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

18. General

Entire agreement. These Terms, the Privacy Policy and any additional terms shown in the app for a specific feature are the entire agreement between you and us about the Service and supersede all prior agreements. Changes. We may update these Terms. For material changes we will give notice in the app or by email at least 15 days before they take effect, except that changes required by law or addressing new features may take effect immediately. Continued use after the effective date means you accept the change; if you do not, stop using the Service and cancel your subscription. Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law. Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. No waiver. Our failure to enforce a provision is not a waiver. Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control. Language. These Terms are written in English. A Spanish translation is provided for convenience; in the event of a conflict, the English version controls to the extent permitted by law. Notices. We may give you notice in the app, by push notification or by email to the address on your account. You may give us notice at the address in Section 19. No third-party beneficiaries except as stated in Section 8. Export. You will comply with U.S. export laws in using the Service. Survival. Provisions that by their nature should survive termination do. Time to bring claims. To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arises, or it is permanently barred. Electronic communications. You agree that we may provide agreements, notices and other communications to you electronically, in the app or by email, and that these satisfy any legal requirement that they be in writing. Headings are for convenience only and do not affect interpretation.

19. Contact

Polanco Capital Partners of America Attn: PandaMama 530 Technology Drive #100 Irvine, California 92618 United States Email: hello@pandamama.app

Legal notices, including notices under Section 15, must be sent by email to the address above with the subject line stated in that section, and are effective when received.