1. The Service

Heritable provides a digital archiving platform for individuals and families to store, organize, preserve, and share personal content, records, and historical materials.

1.1 Modifications to Service

We are constantly improving Heritable. We may introduce new features, change existing features, or remove features at any time. We will provide reasonable notice if a change materially impacts your ability to access your stored content.

2. Eligibility

2.1 Age Requirements

You must be at least 13 years old (or the minimum age required by law in your jurisdiction) to use the Service.

2.2 Family Managers

If you are managing an account on behalf of a minor, you represent that you are their parent or legal guardian and agree to these Terms on their behalf.

3. Account Registration & Security

3.1 Credentials

You are responsible for maintaining the confidentiality of your login credentials. You are responsible for all activity that occurs under your account.

3.2 Unauthorized Access

You agree to notify us immediately of any unauthorized access or security breach. We are not responsible for losses resulting from unauthorized use of your account caused by your failure to safeguard credentials or enable available security features (such as Two-Factor Authentication).

4. Subscription, Fees, and Payment

4.1 Paid Services

Certain storage tiers or advanced features require a paid subscription. Prices, billing cycles, and renewal terms are disclosed at the time of purchase.

4.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date.

4.3 Price Changes

We may adjust pricing for subscriptions. We will provide at least 30 days' notice before any price change takes effect. If you do not agree to the change, you may cancel your subscription before the new price applies.

4.4 Refunds

Payments are non-refundable, and there are no refunds or credits for partially used periods, except where required by applicable law.

5. Your Content & Ownership

5.1 You Retain Ownership

You retain full ownership and intellectual property rights to the photos, videos, documents, and data you upload to the Service ("Your Content"). We do not claim ownership of your memories.

5.2 License to Heritable

To operate the Service, we need your permission to handle your files. You grant Heritable a worldwide, non-exclusive, royalty-free license to host, store, copy, modify, resize, transcode, display, and transmit Your Content solely for the purpose of:

• Providing the Service to you and your authorized viewers.
• Technical maintenance (e.g., creating backups, generating thumbnails, transcoding video for streaming).
• Complying with legal obligations.

5.3 Privacy of Content

We will not sell Your Content or use it for third-party advertising purposes.

6. Digital Legacy and Succession

6.1 Designation of Successor

Given the nature of Heritable as an archiving service, you may have the option to designate a "Legacy Contact" or "Successor" within your account settings.

6.2 Access upon Death or Incapacity

If we receive valid legal documentation confirming your death or incapacitation (such as a death certificate or court order), and you have not designated a Successor within the Service, we may, at our sole discretion, provide access to your verified next of kin or legal executor to allow them to retrieve your family archive.

7. Acceptable Use

You agree not to use the Service to:

• Upload content that is illegal, promotes illegal activity, or contains Child Sexual Abuse Material (CSAM).
• Infringe on the intellectual property or privacy rights of others (excluding family archival use).
• Upload malware, viruses, or code intended to disrupt the Service.
• Attempt to "scrape" data or access the Service via unauthorized automated means.

We reserve the right to remove content or suspend accounts that violate these Terms. In cases of CSAM, we are required by law to report such content to relevant authorities.

8. Family & Shared Access

8.1 Permissions

If you invite others to access your "Family Space" or shared albums, you are responsible for the permissions you grant them. You understand that authorized users may view, download, or share your content depending on the settings you choose.

8.2 Disputes

Heritable is not an arbiter of family disputes. The Account Admin controls the data. We will not intervene in disputes regarding who should have access to a specific family tree or album unless served with a court order.

9. Data Retention & Account Termination

9.1 Cancellation by You

You may cancel your account at any time via your account settings.

9.2 Termination by Us

We may suspend or terminate your account if you violate these Terms, fail to pay fees, or if required by law.

9.3 Post-Termination Data Recovery

Upon termination, your data will be retained for a grace period of 90 days. During this time, you may reactivate your subscription to recover your data. After this period, Your Content may be permanently deleted from our servers and backups to free up storage space.

10. Service Availability & Backup Disclaimer

10.1 No Warranty of Permanence

While we strive to provide reliable storage using industry-standard redundancy, Heritable is not intended to be your sole method of backup.

10.2 Your Responsibility

You agree to maintain your own copies of original files. We are not liable for any loss, corruption, or unintentional deletion of data, regardless of the cause (including failure of third-party hosting providers, technical errors, or security breaches).

11. Third-Party Services

The Service uses third-party infrastructure (such as cloud storage providers and payment processors) to function. While we select reputable partners, we do not control these services and are not liable for their failure or outages.

12. Intellectual Property

All Service materials (excluding Your Content), including the Heritable logo, software code, interface design, and trademarks, are owned by Heritable and protected by copyright and trademark laws.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted or error-free.

14. Limitation of Liability

To the maximum extent permitted by law, Heritable shall not be liable for indirect, incidental, consequential, or punitive damages, or for any loss of data, use, or goodwill.

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

15. Indemnification

You agree to indemnify and hold Heritable harmless from any claims, damages, or expenses (including legal fees) arising from Your Content, your use of the Service, or your violation of these Terms.

16. Governing Law & Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

16.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting hello@heritable.cloud.

16.3 Venue

Any disputes shall be resolved in the state or federal courts located in San Francisco County, California.

17. Contact Information

Heritable
Email: hello@heritable.cloud