Terms of Service

Agreement to Terms

These Terms of Service ("Terms") are a legally binding agreement between you and Here With You, Inc. ("Company," "we," "our," or "us") governing your use of the Here With You platform, including our website, applications, and services (collectively, the "Service"). By using the Service, you agree to these Terms.

Description of Service

Here With You is a legacy preservation platform that enables you to:

• Create and store written stories and memories
• Record and preserve voice messages and audio content
• Participate in AI-guided interviews to capture life stories
• Upload and organize photos and media
• Build a timeline of life events and milestones
• Share preserved content with designated family members and loved ones

Account Registration

To use certain features, you must create an account and:

• Provide accurate, current, and complete information
• Maintain the security of your credentials
• Accept responsibility for all activity under your account
• Notify us promptly of any unauthorized use

You must be at least 13 years old to create an account or use the Service. If you are under 13, you are not permitted to use the Service or provide any personal information to us.

If you are between 13 and 18 years of age, you may only use the Service with the consent and involvement of a parent or legal guardian who agrees to be bound by these Terms. By allowing a minor to use the Service, the parent or guardian agrees to: (a) supervise the minor's use of the Service; (b) assume all risks associated with the minor's use; (c) ensure the minor complies with these Terms; and (d) be responsible for any consequences of the minor's use.

We reserve the right to require proof of age or parental consent at any time, and to terminate accounts where we reasonably believe the user does not meet these age requirements.

Your Content

Ownership

You retain ownership of the content you create, upload, or share ("Your Content").

License to Us

You grant us a limited, non-exclusive, worldwide license to store, process, and display Your Content solely to provide and improve the Service. This includes storage, backups, AI processing (e.g., transcription), display to you and your chosen recipients, and creating technical copies needed to operate the Service. We will not use Your Content for marketing, advertising, or training AI models without your explicit consent.

Backups

You are responsible for maintaining your own copies of Your Content. We are not obligated to maintain backups of Your Content, and Your Content may be deleted, removed, or become unavailable at any time (including after account deletion or termination).

Your Responsibilities

You represent that you have rights to Your Content, it does not infringe third-party rights, does not violate law, and does not contain malicious code.

Acceptable Use

You agree not to use the Service to:

• Violate laws or regulations
• Infringe third-party rights (including intellectual property, privacy, or publicity rights)
• Upload or share content that is unlawful, harmful, threatening, abusive, defamatory, hateful, or otherwise objectionable
• Impersonate others
• Upload or distribute malware, viruses, worms, or other harmful code
• Send unsolicited or unauthorized advertising, promotional materials, spam, or other solicitations
• Collect, scrape, harvest, or assemble information about other users without consent
• Interfere with, disrupt, or create an undue burden on the Service
• Attempt unauthorized access to the Service or related systems
• Use automated means to access the Service or extract data without our permission
• Create multiple accounts or otherwise attempt to circumvent restrictions or access controls
• Use the Service to build a competing product or service

AI-Powered Features

AI-generated content may be imperfect. You are responsible for reviewing and editing transcripts. AI services are provided by third-party providers (e.g., Microsoft Azure). We are not liable for inaccuracies in AI-generated content.

Third-Party Services and Links

The Service may include links to third-party websites or rely on third-party services (for example, authentication, analytics, payment processing, or AI services). We do not control and are not responsible for third-party services or websites. Your use of third-party services is subject to their terms and policies.

Feedback

If you provide us suggestions, ideas, feedback, or recommendations about the Service ("Feedback"), you grant Here With You, Inc. a perpetual, irrevocable, worldwide, royalty-free license to use, modify, incorporate, and otherwise exploit the Feedback for any purpose without compensation to you. Feedback is provided on a non-confidential basis, and you agree not to submit Feedback that you consider confidential or proprietary.

Fees and Payment

Some features are paid. By purchasing, you agree to the prices and billing terms presented at checkout. Unless stated otherwise, subscriptions bill in advance and automatically renew until you cancel.

• Cancel anytime; access continues through the current paid period. No refunds or credits for partial periods except where required by law.
• We may change prices with notice before your next renewal; continued use after the effective date is acceptance of the new prices.
• Applicable taxes are your responsibility and may be added to charges.
• Payments are processed by our payment processor (for example, Stripe) and may be subject to their terms; we do not store full payment card details.
• Trials or promotional pricing may change or end as stated at signup; if you do not cancel before a trial ends, you will be charged the then-current rate.
• Failed, reversed, or disputed payments may result in suspension or termination; you remain responsible for unpaid amounts.

Termination

You may terminate your account at any time. We may suspend or terminate access with or without notice for violations, harm, inactivity, or legal reasons. Upon termination, your right to use the Service ceases. We may provide a copy of Your Content within 30 days if requested.

Copyright and DMCA Takedowns

We respect the intellectual property of others and expect users of the Service to do the same. We may remove allegedly infringing content and may terminate repeat infringers in appropriate circumstances.

If you believe content on the Service infringes a copyright you own or control, you may send a written notice that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material you claim is infringing and information reasonably sufficient to permit us to locate it; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf.

Designated Copyright Agent: Here With You, Inc. Send notices to: 3055 NW Yeon Ave, Unit #449, Portland, OR 97210, or email contact@herewithyou.app.

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERE WITH YOU, INC. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) FIFTY US DOLLARS OR (B) THE AMOUNT YOU PAID US, IF ANY, IN THE PRECEDING 12 MONTHS.

Indemnification

You agree to indemnify, defend, and hold harmless Here With You, Inc. and its parent, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and successors ("Indemnified Parties") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to:

• Your access to or use of the Service;
• Your Content or any content you submit, post, or transmit through the Service;
• Your violation of these Terms or any applicable law or regulation;
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights;
• Any claim that Your Content caused damage to a third party;
• Any misrepresentation made by you;
• Any dispute between you and another user of the Service.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

Dispute Resolution and Arbitration

Please read this section carefully. It affects your rights. You and Here With You, Inc. agree that most disputes will be resolved by binding arbitration on an individual basis, and not in court, except as described below.

Informal resolution first. Before starting arbitration, you agree to send a written notice describing the dispute and your requested relief to contact@herewithyou.app or by mail to Here With You, Inc., 3055 NW Yeon Ave, Unit #449, Portland, OR 97210. We will try to resolve the dispute informally.

Arbitration. If the dispute is not resolved, you and we agree to resolve it by binding arbitration administered by JAMS under its applicable rules. The Federal Arbitration Act governs this arbitration agreement.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or other equitable relief in court for infringement or misuse of intellectual property rights.

No class actions. You and we agree to bring claims only on an individual basis, and you waive any right to participate in a class, collective, representative, or consolidated action or arbitration.

30-day opt out. You can opt out of arbitration within 30 days of first accepting these Terms by sending notice (including your name, address, and a clear statement that you want to opt out) to contact@herewithyou.app or the mailing address above.

Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles. Venue for disputes is in the state or federal courts located in Multnomah County, Oregon.

Changes to Terms

We may modify these Terms at any time. Material changes will be announced by notice or email. Continued use after the effective date constitutes acceptance.

Electronic Communications

By using the Service, you consent to receive communications from us electronically (for example, by email or by notices posted within the Service). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

Severability

If any provision is held invalid, the remaining provisions remain in effect.

Assignment

You may not assign, delegate, or transfer these Terms (or any of your rights or obligations under these Terms) without our prior written consent, and any attempted assignment will be void. We may assign these Terms freely (including in connection with a merger, acquisition, reorganization, or sale of assets). These Terms will bind and benefit permitted successors and assigns.

Entire Agreement

These Terms, together with our Privacy Policy, form the entire agreement between you and Here With You, Inc. regarding the Service.

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