Terms of Service

Acknowledgments. By creating an account or continuing to use the Services, you acknowledge and agree that: (a) you are at least 18 years old; (b) you have read and agree to these Terms of Service; (c) you have read the Privacy Policy; (d) Every Era Moments offers optional AI-assisted features, which are off unless you turn them on, and AI-generated content may require review for accuracy; and (e) Every Era Moments uses commercially reasonable efforts to deliver future-scheduled content but cannot guarantee delivery in all circumstances.

1.Acceptance of Terms

Welcome to Every Era Moments ("Every Era Moments," "Company," "we," "our," or "us").

These Terms of Service ("Terms") govern your access to and use of the Every Era Moments website, applications, services, content, and related offerings (collectively, the "Services").

By creating an account, accessing, or using the Services as an account holder, you agree to be bound by these Terms. A Minor Recipient (Section 2) does not agree to these Terms and is not bound by them. If you do not agree to these Terms, you may not access or use the Services.

Certain aspects of the Services, including privacy practices and future-delivery operations, are governed by the Privacy Policy and Future Delivery & Data Retention Policy, both of which are incorporated into these Terms by reference.

2.Eligibility and Minor Recipients

Account holders. You must be at least eighteen (18) years of age to create an account or to use the Services as an account holder. By creating an account, you represent and warrant that you are at least eighteen.

Minor recipients. The Services are designed for adults to create, preserve, and schedule content for children and other family members. An account holder who is a child's parent or legal guardian, or who has that parent's or guardian's authorization, may designate a person under eighteen (a "Minor Recipient") as the recipient of content. A Minor Recipient does not create an account, does not agree to these Terms, and cannot use account-holder features. When content is delivered, the Minor Recipient may view it through a recipient-facing page reached by a private link sent to an email address supplied by the authorizing adult. The authorizing adult controls that link and may disable or reissue it at any time. Viewing delivered content through a recipient-facing page is not use of the Services as an account holder.

Children's information. Parents, legal guardians, and other authorized adults may upload content that contains personal information about children, including photographs, videos, voice recordings, names, dates, and other information, for the purpose of creating and scheduling deliveries. By submitting such content, you represent that you have the legal authority to do so and grant us the rights necessary to provide the Services.

We do not knowingly collect personal information directly from individuals under eighteen, except the limited information necessary to deliver content to a Minor Recipient and to operate the recipient-facing page, as described in Section 15 of our Privacy Policy. We do not permit individuals under eighteen to create accounts.

3.Description of Services

Every Era Moments enables users to upload photographs, videos, stories, and voice recordings, and to use optional technology features — currently speech-to-text transcription and captions, which are off unless turned on — to create digital keepsakes, letters, and future-delivery communications. We may offer additional features over time.

The Company may modify, enhance, suspend, or discontinue any portion of the Services at any time.

4.User Accounts

To access certain features of the Services, you may be required to create an account.

You agree to:

(a)provide accurate and complete information;

(b)maintain and update your information;

(c)maintain the security of your login credentials; and

(d)promptly notify us of any unauthorized access to your account.

You are responsible for all activities occurring under your account.

5.Subscription Plans and Billing

When paid plans become available, the following terms apply.

The Services may be offered through monthly subscriptions, annual subscriptions, one-time purchases, or a combination thereof.

By purchasing a subscription or paid service, you authorize the Company and its payment processors to charge the applicable fees.

Subscription fees may automatically renew unless canceled before the applicable renewal date.

The Company reserves the right to modify pricing upon reasonable notice.

The Company may offer separate future-delivery preservation, storage, maintenance, or delivery services that are not included within standard subscription plans. Such services may be subject to one-time fees, recurring fees, separate terms, or additional policies disclosed at the time of purchase.

Future Delivery Preservation Services are governed by the Future Delivery & Data Retention Policy.

6.User Content

Users may upload photographs, videos, stories, documents, voice recordings, messages, and other content ("User Content").

You retain ownership of all User Content submitted through the Services.

You represent and warrant that:

(a)you own or have the necessary rights to submit the User Content;

(b)the User Content does not infringe the rights of any third party;

(c)the User Content complies with applicable law; and

(d)you have obtained any permissions reasonably necessary for content relating to third parties.

6A. Recipient Consent and Third-Party Information

The Services may allow users to upload, store, process, or reference information relating to other individuals, including family members, friends, recipients, beneficiaries, or other third parties.

You represent and warrant that you have the legal right to provide any information, content, photographs, videos, voice recordings, contact information, or other materials relating to such individuals and that your use of the Services does not violate the privacy, publicity, intellectual property, or other rights of any third party.

You are solely responsible for the accuracy of recipient information provided through the Services, including email addresses and other contact information used for future delivery features.

The Company shall have no responsibility or liability for inaccuracies, outdated information, unauthorized submissions, or failures of delivery resulting from information provided by users.

The Company reserves the right to remove or restrict content that it reasonably believes violates the rights of third parties or applicable law.

6B. Memorial and Deceased Person Content

The Services may allow users to create, upload, store, process, or generate content relating to deceased individuals, family histories, memorials, legacies, biographies, personal stories, and other historical or commemorative materials.

Users are solely responsible for ensuring that they have the legal right to submit, use, and share any content relating to deceased individuals or other third parties and for determining the appropriateness of such content.

Every Era Moments does not independently verify the accuracy, authenticity, authorship, ownership, historical accuracy, familial relationships, permissions, or factual completeness of any content submitted by users or generated through the Services.

AI-generated content may incorporate user-submitted information, historical materials, and other inputs and may contain inaccuracies, omissions, interpretations, assumptions, or fictionalized elements. Users are solely responsible for reviewing and verifying all content before sharing, publishing, distributing, or relying upon such content.

The Company makes no representation or warranty regarding the historical accuracy, factual correctness, authenticity, genealogical accuracy, legal significance, or completeness of memorial content, family histories, biographies, timelines, legacy materials, or other content created or generated through the Services.

The Company reserves the right to remove content that it reasonably believes violates applicable law, infringes the rights of others, is fraudulent or misleading, or otherwise violates these Terms.

7.License Granted to Every Era Moments

By submitting User Content, you grant the Company a limited, non-exclusive, worldwide, royalty-free license to:

(a)store and host the User Content;

(b)process the User Content;

(c)generate AI-assisted content and keepsakes;

(d)provide, maintain, secure, improve, develop, analyze, and support the Services; and

(e)use anonymized and aggregated data for analytics, service improvement, security, and operational purposes.

This license exists only to the extent reasonably necessary to provide and improve the Services.

8.AI-Generated Content

The Services may use artificial intelligence technologies to generate stories, biographies, summaries, timelines, images, letters, keepsakes, and related content.

You retain ownership of AI-generated content created from your User Content.

AI-generated content may contain inaccuracies, omissions, or unintended results.

You are solely responsible for reviewing AI-generated content before relying upon, sharing, publishing, or distributing it.

The Company makes no representation or warranty regarding the accuracy, completeness, or suitability of AI-generated content.

AI-generated content remains subject to these Terms and the Privacy Policy.

9.Future Delivery Services

The Services may permit users to schedule future delivery of messages, keepsakes, content, and communications.

The Company will use commercially reasonable efforts and good-faith attempts to store, maintain, and deliver scheduled content in accordance with user instructions.

Additional information regarding future delivery, account verification, preservation, long-term storage, and recipient administration is contained in the Future Delivery & Data Retention Policy.

However, the Company does not guarantee successful delivery, uninterrupted availability of the Services, or the continued availability of any third-party communication provider, email service, domain, platform, or technology necessary to facilitate future delivery.

Future deliveries are sent using commercially reasonable efforts. Please keep recipient information current to maximize successful delivery.

The Company shall not be liable for failures of delivery resulting from circumstances beyond its reasonable control, including but not limited to:

(a)invalid, outdated, incomplete, or inaccurate recipient information;

(b)recipient actions or preferences;

(c)technology failures;

(d)third-party service interruptions;

(e)legal restrictions;

(f)account inactivity;

(g)cybersecurity incidents;

(h)force majeure events; or

(i)changes in technology, communication methods, or third-party platforms.

Users are responsible for maintaining accurate account information and recipient information and are encouraged to periodically review and update future delivery instructions.

9A. Account Inactivity and Long-Term Storage

Users are responsible for maintaining current account information and periodically accessing their accounts.

The Company reserves the right to establish account inactivity policies, storage limitations, archival procedures, retention requirements, or account maintenance requirements from time to time.

The Company may require users to periodically verify account information, delivery instructions, recipient information, or account activity in order to maintain future delivery services.

The Company will use commercially reasonable efforts to provide notice prior to the deletion, archival, suspension, or modification of inactive accounts when feasible.

Nothing in these Terms shall be construed as a guarantee that User Content, AI-generated content, account data, or future-scheduled content will be retained indefinitely.

9B. Business Continuity

In the event of a merger, acquisition, sale of assets, restructuring, financing transaction, change of control, or other corporate transaction involving the Company, User Content, account information, future-delivery obligations, and related assets may be transferred to a successor entity.

In the event the Company permanently ceases operations, the Company may provide users with an opportunity to retrieve their content, download their data, designate an alternate delivery method, or take such other actions as are commercially reasonable under the circumstances.

The Company does not guarantee perpetual operation, maintenance, or availability of the Services.

9C. Content Export Rights

Subject to applicable law, technical limitations, security requirements, and reasonable administrative procedures, users may request a copy of their User Content and certain account data in a commercially reasonable format.

The Company reserves the right to establish reasonable procedures, identity verification requirements, formatting standards, processing fees, and limitations relating to such requests.

Requests will be handled in accordance with applicable law and the Privacy Policy.

9D. Recipient Opt-Out Rights

Recipients of future-delivery communications may request not to receive future communications from the Services.

Upon receipt of a valid opt-out request, the Company may suspend, restrict, redirect, or prevent future deliveries to the affected recipient to the extent reasonably necessary to comply with such request.

The Company shall have no liability arising from actions taken in good faith to honor recipient opt-out requests.

9E. AI Technology Changes

The Company may modify, update, replace, enhance, discontinue, or otherwise change any artificial intelligence models, technologies, vendors, systems, providers, methodologies, or processes used in connection with the Services at any time.

Users acknowledge that AI-generated content may vary over time due to changes in technology, model behavior, training methodologies, product features, software updates, service enhancements, or other factors.

The Company does not guarantee that AI-generated content produced at one point in time will be identical to content generated in the future using the same or similar inputs.

10.Prohibited Conduct

Users may not:

(a)violate any law;

(b)infringe intellectual property rights;

(c)upload harmful, malicious, or unlawful content;

(d)interfere with the operation of the Services;

(e)attempt unauthorized access to systems or accounts;

(f)use the Services to harass, threaten, or harm others; or

(g)use the Services to distribute spam or fraudulent content.

11.Intellectual Property

Except for User Content and AI-generated content owned by users, all software, technology, trademarks, logos, designs, branding, content, and intellectual property associated with the Services are owned by Every Era Moments and protected by applicable law.

11A. Copyright Infringement and DMCA Policy

Every Era Moments respects the intellectual property rights of others and expects users of the Services to do the same.

Copyright Infringement Notices

If you believe that content available through the Services infringes a copyright that you own or are authorized to enforce, you may submit a written notification of claimed infringement to our designated copyright agent pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

A notification of claimed infringement should include:

(a)a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;

(b)identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c)identification of the material claimed to be infringing or the subject of infringing activity and information reasonably sufficient to permit the Company to locate the material;

(d)information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and email address;

(e)a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f)a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA notices should be sent to:

Copyright Agent

Every Era Moments, LLC

56 Dingee Rd, Pound Ridge, NY 10576

Pound Ridge, NY 10576

Telephone: (203) 212-9147‬

Email: copyright@everyera.com

Upon receipt of a valid notification of claimed infringement, the Company may remove or disable access to the material identified in the notice and take other actions as required or permitted by applicable law.

Counter-Notifications

If you believe that your User Content was removed or access to it was disabled as a result of mistake or misidentification, you may submit a written counter-notification to the Copyright Agent.

A counter-notification should include:

(a)your physical or electronic signature;

(b)identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access was disabled;

(c)a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;

(d)your name, address, and telephone number; and

(e)a statement that you consent to the jurisdiction of the appropriate United States federal district court as provided by the DMCA and that you will accept service of process from the person who submitted the original notification or that person's agent.

If the Company receives a valid counter-notification, it may provide a copy to the complaining party and restore the affected material in accordance with the procedures and time periods established by the DMCA, unless the Copyright Agent receives notice that the complaining party has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material.

Repeat Infringers

In appropriate circumstances and in its discretion, the Company will terminate users who are repeat copyright infringers. The Company may also limit access to the Services or terminate accounts of users who infringe the intellectual property rights of others, whether or not there is repeated infringement.

Misrepresentations

Please be aware that knowingly materially misrepresenting that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, may result in liability under applicable law.

12.Privacy

Your use of the Services is also governed by the Company's Privacy Policy and Future Delivery & Data Retention Policy, which is incorporated into these Terms by reference.

13.Termination

The Company may suspend or terminate access to the Services for violations of these Terms, legal compliance requirements, security concerns, or other legitimate business reasons.

Users may terminate their accounts at any time.

Termination does not affect obligations that by their nature survive termination.

Termination of an account may result in cancellation of scheduled future deliveries and deletion of User Content in accordance with the Privacy Policy and Future Delivery & Data Retention Policy.

14.Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

15.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES.

THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE USER TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15A. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Every Era Moments, LLC and its affiliates, members, officers, directors, employees, contractors, agents, successors, and assigns from and against any third-party claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

(a)User Content submitted, uploaded, stored, shared, or otherwise provided by you through the Services;

(b)your violation of these Terms;

(c)your violation of any applicable law or regulation;

(d)your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, confidentiality, or other rights of any third party;

(e)your failure to obtain any consent, authorization, permission, or other right required for User Content or information relating to another individual; or

(f)your misuse of the Services.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to reasonably cooperate with the Company in the defense of such matter. You may not settle any claim subject to indemnification in a manner that imposes any liability, obligation, admission of wrongdoing, or restriction on the Company without the Company's prior written consent.

16.Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

17.Changes to Terms

The Company may modify these Terms from time to time. Continued use of the Services following such modifications constitutes acceptance of the updated Terms.

18.Contact Information

Questions regarding these Terms may be directed to:

Every Era Moments, LLC

Email: legal@everyera.com

Website: www.everyera.com