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. If we learn that an account was created by someone under eighteen, we will close it and delete the information they provided.

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

The Services may be offered through subscriptions of different lengths (for example, monthly, annual or multi-year), one-time purchases, or a combination of these. The plans available, and each plan's price, length and renewal terms, are shown at the time of purchase.

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

Price and renewal. The price of your plan, including any first-year price and the regular yearly price that follows it, is shown to you before you buy and in your confirmation email. Your subscription renews automatically at the end of each term at the regular price shown at purchase until you cancel. We will email you a reminder before each yearly renewal. If your price is going to change, including when a first-year price ends, we will email you at least 7 and no more than 21 days before the new price applies, and you can cancel before then.

Cancelling. You can cancel at any time in your account settings (website purchases) or in your Apple or Google account settings (App Store or Google Play purchases). Cancelling takes effect at the end of your current paid term, and you keep full access until then.

If the Company stops offering the Annual plan, the Company will notify you in advance, and you will keep the price you paid (for founding families, $99 per year) through the end of the annual term you have already paid for. No pricing change or discontinuation of a plan will take effect during a term you have already paid for.

5A. Refunds. Plans can be refunded within 14 days of a charge, including a renewal. We refund web and Google Play purchases; Apple refunds App Store purchases. Unused More Moments packs can be refunded within 14 days. To ask for a refund of a website purchase, write to us at support@everyera.com. After 14 days, payments are non-refundable and we do not give partial refunds, except where required by law.

5B. More Moments packs. More Moments packs are one-time purchases that add room to your family's account. They do not expire while your account is open. They belong to the account that purchased them and cannot be transferred or exchanged for cash. Refunds of unused packs are described in 5A.

5C. When a plan ends. If you cancel or your plan ends, your account becomes read-only after your paid term, except that you can keep using More Moments you've already bought. You can still sign in, view and download your content. Letters you scheduled before your plan ended remain scheduled and are delivered as described in Section 9. We will not delete your content solely because your plan has ended.

5D. Gift Codes

5D.1 The Company may offer gift codes that allow a purchaser to give another person access to the Services. The plan, length of access, price, redeem-by date and any eligibility rules for a gift code are shown at the time of purchase and in the message that delivers the code, and form part of these Terms.

5D.2 Each gift code may be redeemed once, by one account, on or before its redeem-by date. Gift codes have no cash value and may not be resold, exchanged for cash or transferred for value. Access gained by redeeming a code stays with the account that redeemed it.

5D.3 A gift code that has not been redeemed can be refunded within 14 days of purchase, as described in 5A. Once redeemed, or after 14 days, gift code purchases are final, except where required by law.

5D.4 Where applicable law does not permit a gift code to expire, the Company will honor the code after its redeem-by date or, at the holder's request, refund the purchase price. Requests may be sent to support@everyera.com.

5D.5 The Company is not responsible for gift codes that are lost, stolen or used without permission once delivered. The Company may cancel, without refund, any gift code obtained through fraud, an unauthorized seller, or a payment that is later reversed.

5D.6 The Company may change or end any gift program. Gift codes already sold will be honored on the terms shown when they were purchased.

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.

If your plan ends. Letters you scheduled while your plan was active remain scheduled and will be delivered on their dates for as long as your account exists, even if your plan has ended.

If you delete your account. Letters you scheduled for your children are still delivered on their dates, unless you choose to remove them when you delete your account. Drafts, unfinished letters and letters you wrote to yourself are erased after the 30-day recovery period, as described in the Future Delivery & Data Retention Policy.

We may refuse to deliver a letter that is unlawful or violates these Terms.

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.

We will not delete your content solely because your plan has ended. If we ever need to delete content under an inactivity or storage policy, we will email you at least 90 days beforehand so you can download it. Otherwise, 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.

If the Company decides to permanently cease operations, we will give you at least 90 days' notice by email and in the app, unless events outside our control make that impossible, in which case we will give you as much notice as we reasonably can. During that time you can download all of your content, including letters not yet delivered, in standard formats. We will refund the unused portion of any prepaid web or Google Play plan, and any unused More Moments packs; Apple refunds App Store purchases. We will also tell you how undelivered letters can be sent early to the person they were written for, or kept with their date for the person who wrote them, and we may offer other commercially reasonable options, such as designating an alternate delivery method.

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. Where reasonably possible, we will tell you why before we close your account and give you 30 days to download your content. While an account is suspended, its scheduled deliveries are held.

You may delete your account at any time. What happens to your content and your scheduled letters when you do is described in Section 9 and in the Future Delivery & Data Retention Policy.

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

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