Terms of Service

1. Agreement and eligibility

These Terms of Service govern your use of ForEverAfter services offered by ForeverAfter Technologies LLC ("ForEverAfter," "we," "us," or "our"). By creating an account, purchasing a subscription, or using an account feature after these Terms are presented to you, you agree to these Terms and the policies incorporated into them.

You must be at least 18 years old and legally capable of entering a contract to create an independent ForEverAfter account. If you act for an organization, estate, trust, family group, or another person, you are responsible for having the authority you claim to have.

Rights that cannot legally be waived are not waived by these Terms. If applicable consumer, privacy, intellectual-property, or other law gives you greater rights, that law controls to that extent.

2. What ForEverAfter is

ForEverAfter is a memory and legacy platform for intentionally preserving stories, photographs, audio, video, relationships, family history, profile information, and other user-selected material. Features may change as the product develops.

ForEverAfter is designed for long-term preservation, but words such as "forever," "permanent," "archival," "sealed," and "legacy" describe product goals or product states, not a warranty that any record will exist indefinitely. Users should keep independent copies of irreplaceable source material.

3. Accounts and account security

You are responsible for maintaining accurate account information, protecting your credentials, and promptly reporting suspected unauthorized access. We may require additional authentication or evidence before sensitive actions such as account recovery, legacy transfer, death verification, release of certain records, or resolution of a disputed profile.

You may not create deceptive duplicate identities, impersonate another living person, misrepresent authority over another person or estate, or use another person's account credentials without permission.

4. Your content and your rights

As between you and ForEverAfter, you retain ownership of original content that you lawfully own. Uploading content does not transfer ownership to us, and it does not transfer rights that belong to photographers, authors, estates, publishers, performers, family members, or other rights holders.

You grant ForEverAfter a nonexclusive, worldwide, royalty-free license to host, store, reproduce, encode, back up, transmit, display, format, index, and otherwise process your submitted content only as reasonably necessary to operate, secure, maintain, improve, and provide the Service and the features you choose, comply with law, and enforce these Terms. We may permit service providers to process content only as reasonably necessary to perform those functions.

You are responsible for having the rights and permissions necessary for the way you upload, publish, share, preserve, or otherwise use content. Possessing a photo, recording, message thread, device backup, or document does not necessarily give you the right to publish or commercially exploit it.

5. Personal, Family, and Public audiences

Audience settings control how ForEverAfter is intended to display content, but no online sharing system can prevent every screenshot, recording, downstream copy, authorized export, security incident, or lawful disclosure. Choose an audience only if you are comfortable with the people in that audience receiving the material.

Family relationships and family-tree entries may be based on user submissions. Unless a feature expressly states otherwise, ForEverAfter does not certify biological parentage, marriage, adoption, ancestry, inheritance rights, or legal kinship. Family members may preserve differing recollections of the same event.

6. Sealed and canonical records

A record identified as sealed, locked, published, canonical, or verified may be protected against ordinary user editing to preserve authenticity. That protection does not make the record legally untouchable.

ForEverAfter may correct technical metadata, preserve an audit trail, restrict access, quarantine material, or remove material when reasonably necessary to comply with law, address a valid rights claim, respond to fraud or compromised accounts, enforce these Terms, or protect the Service. We will not silently rewrite a user's authored content merely to change its meaning.

7. Memorial and legacy features

Memorialization, death verification, Legacy Contacts, Branch Custodians, family linking, and custodial handoff are governed by the Memorialization & Legacy Policy. Product custody is not ownership of the deceased person's content, estate authority, executor status, inheritance, or a transfer of intellectual-property rights.

Legacy instructions in ForEverAfter are product settings. They are not a will, trust, power of attorney, beneficiary designation, advance directive, deed, or other legal instrument. A valid legal instrument or court order may control over a product setting where applicable law requires it.

8. Future AI and digital-persona features

The current Service may reference future AI, voice, avatar, or digital-persona capabilities in product planning or legal architecture. Mentioning a future feature does not mean that feature is active and does not grant blanket consent for future sensitive processing.

Any future high-fidelity representation of a living person will require the represented person's direct consent under ForEverAfter policy, in addition to any consent required by law. Private or Family content will not be used for generalized public or third-party model training merely because a user accepted these Terms. See the AI & Digital Persona Notice for the principles that will govern such features if introduced.

9. Prohibited conduct

• Upload or publish content you do not have the right to use in the manner selected.
• Impersonate another person, create deceptive identity records, or falsely claim authority over a memorial, estate, family profile, or rights-controlled work.
• Threaten, stalk, harass, extort, blackmail, dox, or unlawfully surveil another person.
• Upload child sexual abuse material, nonconsensual intimate imagery, sexual content involving minors, or exploitative synthetic sexual content.
• Upload malware, exploit vulnerabilities, defeat access controls, scrape protected data, disrupt the Service, or attempt unauthorized access.
• Publish content in violation of applicable privacy, publicity, intellectual-property, consumer-protection, sanctions, export-control, or other law.
• Use ForEverAfter to facilitate fraud or other unlawful conduct.

10. Moderation and rights disputes

ForEverAfter may remove, restrict, de-index, quarantine, label, or disable content or features that violate these Terms, create a material legal or security risk, or are subject to a credible rights claim. Where appropriate and legally permitted, we may provide notice or an opportunity to respond.

For ordinary family disagreements, ForEverAfter may preserve multiple perspectives instead of deciding whose recollection is correct. For disputes over custodial authority, privacy, publicity rights, copyright, impersonation, or legal authority, we may freeze the sensitive action while the dispute is resolved.

11. Subscriptions, cancellation, and refunds

Paid plans will display their price, billing period, renewal terms, and material limitations at checkout. If a plan renews automatically, you authorize recurring charges until you cancel. The purchase flow will provide the cancellation method before purchase.

Cancellation takes effect at the end of the already-paid billing period unless applicable law requires otherwise. You retain paid access through that period. Charges are nonrefundable and are not prorated except where a refund is required by law or ForEverAfter expressly states otherwise.

If a payment fails or a paid plan ends, access and storage treatment may change as described in the Privacy Policy and Memorialization & Legacy Policy.

12. Retention after nonpayment

For a living account that stops paying, ForEverAfter may preserve the account in a recovery state for up to one year after the end of the last paid billing period. If, at the end of that period, the account or content is not maintained through an applicable paid or qualifying linked family arrangement, ForEverAfter may delete the account archive and user content from active systems, subject to shared-content, backup, legal, fraud-prevention, dispute, and recordkeeping exceptions.

Memorialized profiles may be treated differently. ForEverAfter may maintain a lightweight canonical record and move heavy media to archival, offline, or other cold-storage systems rather than deleting it solely because the original payer died. Archived material may take time to restore and is not guaranteed to remain available forever.

13. Export

The ordinary product export is intended to return original files or media you uploaded, subject to technical availability and rights restrictions. It is not intended to recreate the entire ForEverAfter service, family graph, proprietary formatting, internal metadata, or every text field entered into the product.

A legally required privacy-access or data-portability response may include additional personal information where applicable law requires it.

14. Service availability and changes

The Service is provided on an evolving basis. We do not guarantee uninterrupted operation, compatibility with every device, or availability of every feature in every location. Maintenance, outages, vendor failures, security incidents, legal restrictions, capacity, and product changes may affect access.

If we permanently discontinue a material archival service, we will make reasonable efforts to provide advance notice and an opportunity to recover original uploaded materials when practicable and legally permitted.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." FOREVERAFTER DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.

FOREVERAFTER DOES NOT WARRANT THAT USER CONTENT IS TRUE, THAT A FAMILY RELATIONSHIP IS CORRECT, THAT DATA WILL NEVER BE LOST OR CORRUPTED, OR THAT A MEMORIAL OR LEGACY CLAIM WILL NEVER BE DISPUTED. KEEP INDEPENDENT COPIES OF IRREPLACEABLE SOURCE MATERIAL.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREVERAFTER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS OR REVENUE; LOSS OF GOODWILL; LOSS OR CORRUPTION OF DATA; EMOTIONAL OR RELATIONAL CONSEQUENCES ARISING FROM USER-GENERATED CONTENT; OR COSTS OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREVERAFTER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT THE CLAIMANT PAID TO FOREVERAFTER DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). Nothing in these Terms limits liability or statutory remedies that applicable law does not permit us to limit.

17. Your responsibility for claims

You are responsible for what you upload and share and for obtaining the rights and permissions required for your use. To the extent permitted by law, you are responsible for third-party claims, losses, and reasonable costs caused by your unlawful content, lack of required permission or authority, deceptive impersonation, infringement of intellectual-property, privacy, or publicity rights, misuse of another person's private information, or material violation of these Terms. You are not responsible under this provision for ForEverAfter's own unlawful conduct.

18. Governing law and disputes

Except where another jurisdiction's law must apply to protect a consumer or data subject, these Terms are governed by the laws of the State of West Virginia, without regard to conflict-of-law principles.

Before filing a non-urgent contractual dispute, please provide written notice through the Legal Contact page describing the dispute and allow 30 days for a good-faith attempt to resolve it. This does not restrict urgent injunctive relief, regulators, small-claims procedures, or other rights that cannot lawfully be restricted.

Subject to applicable consumer law and jurisdictional requirements, unresolved disputes may be brought in a court of competent jurisdiction in West Virginia, including an appropriate state court in Putnam County or, when federal jurisdiction and venue are proper, the United States District Court for the Southern District of West Virginia. These Terms do not impose mandatory arbitration or a class-action waiver.

19. Suspension and termination

We may suspend or terminate access for material breach, fraud, security risk, unlawful conduct, abuse, nonpayment, impersonation, rights violations, or legal requirements. When practical, we may restrict only the affected feature rather than an entire archive.

Closing an account does not necessarily erase every record immediately. Retention, deletion, backups, shared content, memorial status, legal obligations, payment records, consent records, and dispute holds are handled under the applicable policies.

20. Changes and general terms

We may update these Terms as the Service, law, vendors, or risks change. Material changes will be communicated through the Service, email, or another reasonable channel when required. A general Terms update will not substitute for separate affirmative consent where a sensitive future feature requires it.

If part of these Terms is unenforceable, the remaining provisions remain effective to the maximum extent allowed by law. Failure to enforce a provision once is not a waiver. ForEverAfter may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of relevant assets, subject to applicable privacy obligations.

21. Contact

ForeverAfter Technologies LLC operates ForEverAfter. To submit a legal, privacy, security, copyright, memorial, or general rights request, use the Legal Contact page. We intentionally do not publish a private residential address as a general-purpose public contact address. Formal contact information required by a specific filing or legal process will be provided where required.