Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Heirloom Journey (“Heirloom”, “we”, “us”) covering the Heirloom mobile application, this website and the services behind them (the “Service”).

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who may use Heirloom

You must be at least 13 years old to create an account. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian who agrees to these Terms on your behalf. Some jurisdictions set a higher minimum age for consent to data processing; where that applies, that higher age governs.

You may not use the Service if you are barred from doing so under applicable law, or if we have previously terminated your account for a breach of these Terms.

2. Your account

• Give accurate registration information and keep it current.
• Keep your password and your Vault passcode confidential. You are responsible for activity under your account.
• Tell us promptly at support@heirloom.setrick.com if you believe your account has been accessed without your authorisation.
• Do not share your account with another person or transfer it without our consent.

Your Vault passcode cannot be recovered by us. It is stored only as a one-way hash, by design. If you lose it, you must use the recovery flow in the app; we cannot read it back to you or unlock the Vault on your behalf.

3. Your content

3.1 You own it

You retain all ownership rights in the photos, videos, audio, text and other material you add to the Service (“Your Content”). Nothing in these Terms transfers ownership of Your Content to us.

3.2 The permission you give us

To operate the Service we need a limited licence to handle Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, back up, reproduce, resize, transcode, transmit and display Your Content solely for the purposes of:

• providing the Service to you and to the people you have chosen to share with;
• creating thumbnails and format variants so the content displays and plays correctly;
• backing it up and restoring it; and
• complying with law.

This licence exists only to run the Service. It ends when you delete the content or your account, except for copies retained in backups for the limited period described in the Privacy Policy, and except where content you contributed remains within a shared journey belonging to others.

We will not use Your Content to advertise to you or anyone else, sell it, licence it to third parties, publish it outside the circle you chose, or use it to train machine-learning models.

3.3 What you promise about it

By adding content you confirm that:

• you own it or have the rights necessary to upload and share it;
• sharing it with the people you have chosen does not infringe anyone’s copyright, privacy or other rights; and
• where it depicts another identifiable person, you have any consent required by the law that applies to you — including from a parent or guardian where the person is a child.

4. Acceptable use

You agree not to use the Service to:

• upload, store or share material that is unlawful — in particular any sexual content involving minors, which we report to the authorities without exception;
• harass, threaten, defame or abuse another person;
• infringe intellectual property or privacy rights;
• upload malware or anything designed to damage or disrupt systems;
• attempt to access another account, circumvent a Vault passcode, probe or breach our security, or exceed your authorised access;
• scrape, crawl or extract data from the Service by automated means, or resell or commercially exploit access to it;
• reverse engineer, decompile or disassemble the Service, except to the extent that restriction is prohibited by applicable law; or
• interfere with the Service’s operation or place unreasonable load on it.

Good-faith security research conducted under our responsible disclosure policy is welcome and is not a breach of this section.

5. Sharing, families and shared vaults

You decide who is in a family, a journey or a shared vault. Anyone you add can see the content in it and may be able to download or copy that content. Removing a person stops their future access; it cannot recall copies they already made. Choose your circle accordingly.

In a shared vault, deletion of an item requires agreement from more than one member, as the app describes. That mechanism is a safeguard, not a guarantee against a member acting in bad faith.

6. Scheduled gifts

A scheduled gift reveals a journey to a recipient on a date you choose. We will make reasonable efforts to deliver it on that date, but we do not guarantee delivery at a specific moment. Delivery depends on the recipient still having an account and on factors outside our control. Do not rely on a scheduled gift as the sole means of conveying time-critical or legally significant information.

7. Availability and changes

We work to keep the Service available but do not promise uninterrupted access. We may modify, suspend or discontinue features. If we discontinue the Service as a whole, we will give you reasonable advance notice and a means of exporting Your Content before it becomes unavailable.

8. Fees

The Service is currently offered without charge. If we introduce paid plans, we will publish the terms and prices before they apply to you, and will not retroactively place content you have already stored behind a payment wall. Purchases made through the Apple App Store or Google Play are also subject to those stores’ terms, and refunds for them are handled by the store, not by us.

9. Ending the agreement

You may stop using the Service and delete your account at any time from Settings → Account, or by writing to us. See Delete your data.

We may suspend or terminate your access if you materially breach these Terms, if it is necessary to comply with law, or to protect the Service or other users. Except where a breach is serious or unlawful, we will give you notice and an opportunity to put it right. On termination, sections 3.3, 10, 11, 12 and 13 survive.

10. Our intellectual property

The Service itself — its software, design, name, logo and other brand features — belongs to Heirloom Journey and its licensors. These Terms grant you a personal, non-transferable, non-exclusive, revocable licence to use the Service as intended, and nothing more.

11. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

Heirloom is not a backup service. Keep your own copies of anything you cannot afford to lose. The app provides an export function for exactly this purpose. We take care with your content, but no online service should be your only copy of an irreplaceable photograph.

12. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenues or data, arising out of these Terms or the Service.

Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) fifty US dollars.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. If you are a consumer, you keep all rights that the consumer law where you live gives you, and nothing here overrides them.

13. Indemnity

You agree to indemnify and hold harmless Heirloom Journey from third-party claims arising out of Your Content or your breach of these Terms, except to the extent the claim results from our own breach or negligence. This section does not apply where you are a consumer and applicable law prohibits it.

14. Governing law and disputes

These Terms are governed by the laws of [Governing jurisdiction], without regard to conflict-of-laws rules, and the courts of [Governing jurisdiction] have exclusive jurisdiction.

If you are a consumer resident in the UK, the EEA or another jurisdiction whose law gives you the right to bring proceedings in your local courts and to the protection of your local mandatory consumer law, that right is unaffected by this section.

Before starting formal proceedings, please contact us at legal@heirloom.setrick.com. Most disputes are resolved faster that way.

15. Apple App Store

If you obtained the app from the Apple App Store: these Terms are between you and Heirloom Journey only, not Apple. Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to any applicable warranty, you may notify Apple, which will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing claims relating to the app, including product liability, regulatory non-compliance or intellectual-property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service.
• Severability. If a provision is unenforceable, the rest remains in force.
• No waiver. Not enforcing a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
• Changes. We may update these Terms. For material changes we will give notice in the app or by email at least 14 days before they take effect. Continuing to use the Service after that is acceptance; if you do not accept, delete your account.

17. Contact

legal@heirloom.setrick.com
Heirloom Journey, [Registered address — line 1], [City, region, postal code], [Country]