Terms of Service

1. Overview

The following Terms of Service (these "Terms") form a binding agreement between you and Hey Now LLC, dba "Ancestroo" ("Ancestroo", "we", "us" or "our") regarding your use of Ancestroo's website (the "Website") and its storytelling platform (the "Platform", and together with the Website, the "Services"). By accessing or using the Services in any way, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, then "you" also refers to that entity, and you represent and warrant that you have authority to bind that entity to these Terms. You may use the Services only in compliance with these Terms and all applicable laws. PLEASE NOTE: EXCEPT AS PROVIDED IN THESE TERMS, DISPUTES BETWEEN YOU AND ANCESTROO MUST BE RESOLVED THROUGH BINDING ARBITRATION AS DESCRIBED IN SECTION 23. THIS MEANS YOU AND ANCESTROO WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE NOT TO PARTICIPATE IN ANY CLASS-ACTION PROCEEDING.

2. Updates to These Terms

Ancestroo reserves the right to modify or update these Terms at any time, in its sole discretion. If we make material changes, we will post the revised Terms on our Website and update the "Last updated" date above. We may also notify you of significant changes (for example, via a prominent notice on our site or an email notification, if you have provided your email address). It is your responsibility to review the most current version of the Terms periodically. By continuing to use the Services after updated Terms are posted, you agree to the changes. If you do not agree to the modified Terms, you should discontinue your use of the Services.

3. Privacy Commitment

Ancestroo respects your privacy and is committed to protecting it. Please review our Privacy Policy to understand how we collect, use, and safeguard your personal information. By using the Services, you also agree to the practices described in our Privacy Policy.

4. What We Offer

The Ancestroo Platform is a storytelling service designed to help preserve your loved one's memories and stories. In each Ancestroo project, a designated individual (the "Storyteller") shares personal narratives (spoken or written, collectively "Stories"), which are compiled into a personalized keepsake eBook (PDF) and/or audiobook (MP3) (each a "Memory Book"). A person who initiates the project (the "Billing Owner") begins the creation of a Memory Book through a one time purchase (a "Purchase"). The Billing Owner can invite other family members or friends to collaborate with the Storyteller in creating the Memory Book (each such person a "Collaborator", and together with the Billing Owner and the Storyteller, the "Project Members").

5. Who Can Use Ancestroo

You must be at least 13 years old to use the Services. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may use Ancestroo only with the involvement and consent of your parent or legal guardian, who must agree to these Terms. If you are a parent or guardian permitting a minor to use Ancestroo, you agree to be responsible for that minor's activity on the Services and compliance with these Terms.

6. Purchases

• Each Purchase provides access to a set of Ancestroo features for a given Storyteller, which may include the creation of a Memory Book (eBook (PDF) and/or audiobook (MP3) of the Storyteller's Stories) as described on our Website.
• A Purchase is activated when the Billing Owner initiates the storytelling process (for example, by inviting a Storyteller to begin sharing Stories). If the Billing Owner and the Storyteller are the same person, the Purchase activates upon successful transaction completion.
• A Billing Owner may have multiple Storytellers under one Purchase (if supported by the chosen plan).
• Each Purchase comes with an eBook (PDF), audiobook (MP3), or both. Any Project Member may purchase additional questions "Expansion Packs" for an additional fee.
• A Purchase is a one-time event and there are no refunds. After Purchase, the Storyteller's Stories and any content collected will remain accessible to the Project Members (and anyone with whom Project Members have shared the Stories).

7. User Accounts

If you sign up for an Ancestroo account – or if someone invites you to Ancestroo and an account is created for you – you will be asked to provide certain registration information. Note that a Storyteller is required to create a personal account and authenticate to access certain features such as viewing or editing Stories, ordering Memory Books, or inviting Collaborators. All Billing Owners and Collaborators must register for their own accounts. You agree to provide accurate, current, and complete information during registration and to keep that information updated.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please notify us immediately at hello@ancestroo.com if you suspect any unauthorized use of your account or any other security breach. Ancestroo will not be liable for any loss or damage arising from your failure to safeguard your account, login, email or password.

You may request to terminate your account at any time (for example, by contacting us at hello@ancestroo.com). You may not transfer your Ancestroo account to any other person without our prior written consent.

8. Acceptable Use Policy

• Personal Use Only: You may use the Services only for your personal, non-commercial purposes. You may not share your login credentials or otherwise allow others to access the Services through your account.
• Legal Compliance: You may use the Services only for lawful purposes and in compliance with all applicable local, state, national, and international laws and regulations.
• Respectful Behavior: You may not use the Services to engage in any conduct that Ancestroo deems harmful, fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable. This includes, for example, not using the Services to abuse, defame, slander, or threaten others, and not sharing content that is pornographic, hateful (such as racist or malicious content), or excessively violent.
• Content Rights: You may not submit any content to the Services that you do not have the right to use or share. For example, do not upload content that infringes someone else's intellectual property or privacy rights, or anyone's likeness without permission.
• No Commercial Exploitation: You may not exploit any Stories or Memory Books created via the Platform for commercial purposes. This means you cannot sell, license, or commercially use the stories or materials generated through Ancestroo outside of personal use.
• No Monetized Media: You may not use the Stories recorded on the Platform in any monetized medium (for instance, you may not turn someone's Ancestroo Stories into a podcast or other product for profit).
• No Copying or Scraping: You may not copy, download, "rip," or scrape any portion of the content or data from the Services (including other people's Stories or Ancestroo Content) through automated means or otherwise.
• No Reverse Engineering: You may not decompile, reverse engineer, or attempt to access or derive the source code or underlying algorithms of any part of the Services.
• No Malware: You may not upload, transmit, or distribute viruses, worms, or any other malicious software intended to damage or alter a computer system or data via the Services.
• No Service Interference: You may not interfere with, disrupt, or attempt to gain unauthorized access to the Services, other users' accounts, or the associated networks or systems. This includes not attempting to hack the Services or circumvent any security or access controls used by Ancestroo.
• No Circumvention: You may not bypass, remove, deactivate, or impair any security measures or technological protections on the Services.
• Preserve Notices: You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices on any portion of the Services or its content.

Failure to adhere to the above acceptable use standards may result in suspension or termination of your access to the Services (see Section 15), among other consequences.

9. Payment Terms

• Fees: Creating an Ancestroo account is free, but a paid Purchase is required to initiate the storytelling and Memory Book creation process for a Storyteller. The Billing Owner must purchase a Subscription to begin a project. Additional fees may apply if the Billing Owner adds extra Storytellers to the Subscription or orders additional Memory Books. Ancestroo may also charge separate shipping or handling fees for physical products (such as printed books) depending on the delivery destination.
• Final Sale Policy: Because each Ancestroo book or audiobook is custom-made from your unique stories, all purchases are final and non-refundable. We've priced Ancestroo to be as accessible as possible-often 1/10 the cost of similar services-so we're not able to offer refunds. That said, if something isn't working as expected, reach out to hello@ancestroo.com and we'll do our best to make it right.
• Payment Method and Billing: By providing a payment method (such as a credit card, debit card, Apple Pay, Google Pay, Cash App, or other accepted option), you confirm that you are authorized to use it and authorize Ancestroo (or our third-party payment processor) to charge it for your one-time purchase, including any applicable taxes or fees. If the payment cannot be processed, your order may be delayed or canceled until a valid method is provided. You acknowledge that the final amount charged may vary due to promotional discounts or changes in tax rates, and you authorize us to charge your payment method accordingly.
• Pricing and Availability: All prices for Ancestroo Services (including eBooks, audiobooks, and bundles) are stated in U.S. dollars, and any applicable taxes or additional charges are extra unless otherwise noted. Prices and product offerings are subject to change at any time without notice. Ancestroo reserves the right to discontinue or modify any product or feature at any time, without prior notice and without liability.

10. Ownership of Content

• Ancestroo Content. Except for "Your Content" (defined below) and other users' content, all materials available through the Services are owned by Ancestroo or its licensors. This includes all text, graphics, images, data, software, and other content provided by Ancestroo through the Services ("Ancestroo Content"). Ancestroo Content is protected by intellectual property laws. Subject to your compliance with these Terms, Ancestroo grants you a limited, non-exclusive, non-transferable license to access and use the Services and Ancestroo Content for your personal use. Except as expressly permitted in these Terms, you may not copy, modify, translate, distribute, perform, display, sublicense, or sell any Ancestroo Content. All rights not expressly granted to you in these Terms are reserved by Ancestroo and its licensors.
• Your Content. "Your Content" means any stories, recordings, photographs, text, or other materials that you (or the Storyteller or other Project Members on your project) upload, record, or otherwise submit to the Services. You retain ownership of Your Content. However, to enable Ancestroo to provide the Services, you grant Ancestroo a worldwide, perpetual, irrevocable, royalty-free, sublicensable, non-exclusive license to use, host, reproduce, adapt, edit, translate, and create derivative works from Your Content as necessary to operate, improve, and provide the Services (for example, to generate transcripts, compile Memory Books, or provide customer support). By submitting audio recordings or transcriptions to Ancestroo, you grant us permission to use your voice and its transcription to operate, improve, or personalize the Services. This may include future technologies like transcription tools or voice-based storytelling features. We will never use your voice or likeness for advertising, promotion, or unrelated commercial purposes without your explicit consent. Ancestroo will not use Your Content for any purpose outside the scope of providing the Services without your permission. You also grant each Project Member a license to use, reproduce, adapt, and distribute Your Content within the Services as needed for that project (for example, so Collaborators and the Storyteller can view and work with the stories). Additionally, if you share Your Content (or any Memory Book or Story link) with individuals outside of the Project Members, you grant those individuals the right to view Your Content you have shared. If Your Content includes images, recordings, or personal information of anyone other than you, you represent that you have obtained that person's permission to share their information and likeness in the Services. If any such individual is under the age of 18, you represent that you have obtained permission from their parent or guardian. You are solely responsible for Your Content, and you assume all risks associated with it (including anyone's reliance on its quality, accuracy, or reliability). You represent and warrant that you have all necessary rights to submit Your Content to Ancestroo and to grant the licenses set forth above. If you decide to share any of Your Content publicly or outside of Ancestroo, you understand that you do so at your own risk, and Ancestroo is not responsible for how others may use or interpret Your Content. Ancestroo does not prescreen user submissions, but we reserve the right to remove or disable access to any of Your Content that we determine, in our sole discretion, violates these Terms or applicable law.
• Other User Content. Content provided by other Ancestroo users ("Other User Content") belongs to the user who made it available. As such, that user is solely responsible for their content. Ancestroo may, but has no obligation to, monitor or review Other User Content. Ancestroo is not responsible for the accuracy, completeness, appropriateness, or legality of Other User Content, and you may be exposed to content from other users that is inaccurate or objectionable.

11. Third-Party Apps and Services

You may be able to import or share Your Content using certain third-party platforms (each, a "Third-Party Platform"). Your use of any Third-Party Platform is governed solely by the terms and conditions between you and the provider of that platform (each, a "Third-Party Provider"). Ancestroo does not control any Third-Party Providers or Third-Party Platforms, and is not responsible for their content, policies, services, or operation. Ancestroo makes no representation or warranty-express or implied-regarding the legality, accuracy, reliability, or quality of any content, information, or services provided by or through any Third-Party Platform. ANCESTROO DISCLAIMS ALL LIABILITY FOR ANY THIRD-PARTY PLATFORM AND THE ACTS OR OMISSIONS OF ANY THIRD-PARTY PROVIDER, AND YOU AGREE TO WAIVE ANY CLAIM AGAINST ANCESTROO ARISING FROM YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY PLATFORM

12. User Feedback

We welcome and encourage you to provide feedback, comments, and suggestions to us about the Services ("Feedback"). If you submit any Feedback, you agree that we may use it for any purpose, free of charge and without any obligation to you. In other words, Ancestroo is free to act on Feedback you provide (such as by implementing suggested improvements) without providing you credit or compensation, and without acquiring any additional permissions from you.

13. Services Updates

Ancestroo is continually improving and evolving its Services, so we may modify or discontinue part of the Services at any time. This means we might add, change, or remove features, or even suspend the Service altogether, sometimes without prior notice. If we discontinue a significant feature or portion of the Services, we will try to give you reasonable advance notice and an opportunity to download or save Your Content from the Services (when possible). Ancestroo shall not be liable for any consequences of modifying or shutting down any part of the Services, including any loss of data or content, loss of functionality, or other harm you might incur.

14. Copyright Concerns

Ancestroo respects intellectual property rights and expects users of our Services to do the same. If you believe that any content on the Services infringes your copyright, you (or your agent) may send us a notice requesting that the content be removed or disabled, pursuant to the Digital Millennium Copyright Act ("DMCA"). Your infringement notice must be in writing and include the following information (see 17 U.S.C. § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by one notice, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (such as the URL of the page on our Website where the material is located).
• Contact information for the complaining party, such as a mailing address, telephone number, and, if available, an email address.
• 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.
• A statement that the information in the notice 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.

You may deliver this notice, with all items completed, to us, as follows:

Upon receipt of a valid infringement notice, Ancestroo will review the request and take appropriate action in its sole discretion. This may include removal or disabling of access to the allegedly infringing material.

15. Ending Your Use

Ancestroo may suspend or terminate your access to the Services (and terminate these Terms with respect to you) at any time, with or without notice, and for any reason or no reason. You are free to stop using the Services at any time. You may also delete your account by contacting us at hello@ancestroo.com. If Ancestroo terminates your account without cause, we will make reasonable efforts to provide you with a digital copy of Your Content, if feasible. Certain provisions of these Terms will survive termination, including those related to ownership of content, disclaimers, limitations of liability, and dispute resolution.

16. Your Responsibility to Us

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Ancestroo and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Services (including any use of your account by anyone else), (b) your violation of these Terms or of any applicable law or regulation, and (c) any dispute or issue between you and any third party (including other users). Ancestroo reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which event you will cooperate with Ancestroo in asserting any available defenses).

17. Release of Liability for User Disputes

YOU UNDERSTAND AND ASSUME ALL RISK ASSOCIATED WITH YOUR INTERACTIONS WITH ANY OTHER USERS OF THE SERVICES. AS A CONDITION OF USING THE SERVICES, YOU HEREBY RELEASE AND HOLD HARMLESS ANCESTROO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANY, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS, REPRESENTATIVES, AND CONTRACTORS (THE "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY RELATED TO ANY DISPUTES OR INTERACTIONS YOU HAVE WITH ANY OTHER USERS OF THE SERVICES.

18. No Warranties

Ancestroo strives to provide a great experience, but we cannot guarantee specific results. You understand that your use of the Services is at your sole risk.

THE SERVICES, AND ALL CONTENT, INFORMATION, AND MATERIALS WITHIN THEM, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. ANCESTROO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND RELIABILITY. ANCESTROO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL MEET YOUR EXPECTATIONS. ANCESTROO FURTHER DISCLAIMS ANY WARRANTY THAT CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some jurisdictions do not allow the exclusion of certain warranties, some of the above disclaimers may not apply to you.

19. Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANCESTROO (OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ANCESTROO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, SERVICE DOWNTIME, OR OTHER INTANGIBLE LOSSES. TO THE EXTENT PERMITTED BY LAW, ANCESTROO'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF $9 USD OR THE TOTAL AMOUNT YOU PAID ANCESTROO FOR THE SERVICES IN THE 12 MONTHS IMMEDIATELY PRIOR TO THE CLAIM.

You specifically acknowledge that Ancestroo is not liable for the defamatory, offensive, or illegal conduct of any third party (including other users or third-party services) and that any risk of harm or damage from the foregoing lies with you. Some jurisdictions do not allow the limitation or exclusion of certain damages, so the above limitations may not apply to you in full. In such cases, those liabilities will be limited to the maximum extent permitted by law.

20. Communications

Ancestroo may provide you with any notices (such as changes to these Terms or other Service-related communications) by email to the last email address you provided or by posting them on our Website. You consent to receive electronic communications from Ancestroo for all purposes. It is your responsibility to keep your contact information (especially your email address) up to date.

21. General Legal Terms

No failure or delay by Ancestroo in exercising any right, power, or privilege under these Terms will operate as a waiver thereof. In other words, if we don't enforce a provision of these Terms in one instance, we still have the right to enforce it later or in another instance.

You may not assign or transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. Any attempt to do so without consent is void. Ancestroo may freely assign or transfer these Terms (in whole or in part) as well as any rights or obligations hereunder, without notice to you. These Terms are between you and us only; no third party has any rights to enforce them. Subject to the above, these Terms will be binding on and apply to and benefit the parties and their respective permitted successors and assigns.

22. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect. Put simply, if one part of the agreement is found unenforceable, the rest of the Terms will still apply.

23. Dispute Resolution & Governing Law

These Terms are governed by and will be interpreted under the laws of the State of California, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services will be resolved through binding arbitration conducted by Judicial Arbitration and Mediation Services, Inc. ("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted by a single arbitrator with significant experience resolving commercial contract and intellectual property disputes, selected in accordance with JAMS rules.

The arbitration will take place in the U.S. county where you most recently resided, or, if no such county exists, in San Francisco County, California. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or other equitable relief at any time from a court of competent jurisdiction. For any such actions-or in the event that arbitration is not enforceable-you and Ancestroo agree to submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and waive any objections to venue in those courts.

Any arbitration under these Terms will be conducted on an individual basis only. You and Ancestroo each agree to waive the right to a jury trial or to participate in a class, collective, or representative action.

24. Entire Agreement

These Terms (along with any policies or documents incorporated by reference) constitute the entire agreement between you and Ancestroo regarding your use of the Services and supersede any prior agreements, understandings, or communications between you and us, whether written or oral, relating to the subject matter herein.

25. Get in Touch

We want you to have a great experience with Ancestroo. If you have any questions, concerns, or feedback about the Services, please let us know. We'll do our best to help and to resolve any issues. You can reach us at hello@ancestroo.com for customer support or inquiries.