Yearloom Terms of Service

These Terms of Service (the "Terms") are a contract between you and Jalapeno Labs LLC, an Idaho limited liability company doing business as Yearloom ("Yearloom," "we," "us," or "our"), that governs your access to and use of Yearloom, including our website, mobile and desktop applications, and any other services we provide (collectively, the "Service"). Our registered address is 2210 E Sharptail St, Meridian, Idaho 83646.

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

These Terms incorporate by reference our Privacy Policy, Cookie Policy, and any product-specific or feature-specific terms we may publish. If a feature-specific term conflicts with these Terms, the feature-specific term controls for that feature.

You may use Yearloom if you are at least 13 years old (or the minimum age of digital consent in your country, if higher). If you are between 13 and 18 (or the local age of majority), you may use the Service only with a parent or legal guardian who has read and agrees to these Terms on your behalf and is responsible for your activity on the Service.

The Service is not directed to children under 13. If we learn that we have collected personal information from a child under 13, we will delete that information and the associated account.

By using Yearloom, you represent and warrant that:

• You have the legal capacity to enter into a binding contract with us.
• You are not located in, or a national or resident of, any country subject to a U.S. government embargo or designated by the U.S. government as a "terrorist-supporting" country, and you are not on any U.S. government list of prohibited or restricted parties (including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List).
• You will not use the Service to violate any export-control or sanctions laws of the United States or any other applicable jurisdiction.
• You will comply with these Terms and all applicable laws.

To use most of Yearloom's features, you need an account. You agree to:

• Provide accurate, current, and complete information when you register and keep it up to date.
• Keep your login credentials confidential. You are responsible for activity that occurs under your account.
• Notify us promptly at [email protected] if you believe your account has been compromised.
• Not transfer, sell, or share your account with anyone else, except as expressly permitted by these Terms (for example, through our memorial designation feature in Section 6).

We may require additional verification, including email or phone verification, to protect your account or comply with the law.

You agree not to do, or help anyone else do, any of the following while using the Service:

• Violate any applicable law, regulation, or third party's rights.
• Upload or transmit content that is unlawful, harassing, threatening, defamatory, hateful, or that depicts the sexual exploitation of minors.
• Impersonate another person or misrepresent your affiliation with any person or organization.
• Upload viruses, malware, or other code that could damage, disable, overburden, or impair the Service.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems, or to bypass any security or access controls.
• Reverse-engineer, decompile, or disassemble any part of the Service, except to the extent that applicable law expressly permits it.
• Scrape, crawl, or use automated tools to extract data from the Service, except as permitted through an official API and only as we expressly authorize.
• Interfere with or disrupt the integrity or performance of the Service, including by sending spam or generating excessive load.
• Resell, sublicense, or commercially exploit the Service or any part of it, except as we expressly authorize in writing.
• Use the Service in any way intended to compete with us, including by training, fine-tuning, or developing a competing product based on the Service or content you obtain from it.

We may suspend, restrict, or terminate your access to the Service, or remove specific content, if we reasonably believe you have violated this section, even without notice when the violation creates a risk of harm to us, our users, or the public.

Yearloom includes a memorial designation feature that lets you choose what happens to your account in the event of your death or incapacity. You may designate one or more legacy contacts and configure access permissions, including read-only access, the ability to download a copy of Your Content, or the ability to convert your account into a memorial.

To act on a memorial request, we will require a certified copy of the account holder's death certificate along with documentation reasonably sufficient to verify the identity of the designated legacy contact. We will follow your most recent saved memorial settings, subject to applicable law.

Until we receive a verified memorial request meeting these requirements, we will treat the account as active and apply the standard provisions of these Terms.

We respect the intellectual property rights of others and expect you to do the same. If you believe that material on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

Send written notices to our designated copyright agent:

To be effective, your notice must include the following information required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that you claim is infringing, with information reasonably sufficient to permit us to locate it on the Service (for example, a URL).
4. Your contact information, including address, telephone number, and email.
5. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If we remove or restrict access to material in response to a DMCA notice, the user who posted that material may submit a counter-notice as permitted by 17 U.S.C. § 512(g).

We will terminate the accounts of repeat infringers in appropriate circumstances.

The Service, including its software, design, look and feel, trademarks, logos, and any content we provide (other than Your Content), is owned by Jalapeno Labs or its licensors and is protected by intellectual property laws. We grant you a personal, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms.

Nothing in these Terms transfers any of our intellectual property rights to you. You may not use our names, logos, or trademarks without our prior written permission.

If the Service includes open-source components, those components are governed by their own licenses, which take precedence over these Terms to the extent of any conflict.

Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you agree to the data practices described there.

You are responsible for the personal information of others that you choose to upload (for example, photos of friends or family). You represent that you have any necessary permissions to do so.

Yearloom holds something deeply personal: your life. We treat that responsibility seriously, and we want you to have meaningful control over Your Content at all times.

Export. While your account is active, you may export Your Content from your account settings. The export will include your timeline entries, attachments where technically feasible, and the structured metadata associated with them. We aim to provide exports in a portable, machine-readable format.

Portability. You may use exported data however you wish, including importing it into another service. Yearloom will not impose contractual restrictions on your reuse of your own data.

Deletion. You may delete individual entries or your entire account at any time from within the Service. When you initiate account deletion:

• We will remove Your Content from active production systems within 30 days.
• Routine encrypted backups containing Your Content will age out on our standard backup-rotation schedule, after which they are unrecoverable. Until then, the backups remain inert and are not used to restore content unless required for disaster recovery.
• We may retain limited information that we are required to keep by law, that we need to resolve disputes or prevent fraud, or that is necessary to enforce these Terms. Any retained information is minimized to what is strictly necessary.

Pre-deletion grace period. Where we initiate termination of your account (other than for serious breach or legal compulsion), we will give you at least 30 days' advance notice and a reasonable opportunity to export Your Content before deletion proceeds.

Memorial requests. Section 6 governs access requests by a designated legacy contact in the event of your death or incapacity.

Yearloom is, and is intended to remain, mostly free. We may offer optional paid features or subscriptions in the future. If and when we do:

• Pricing, billing cycle, and renewal terms will be disclosed at purchase. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel.
• You can cancel a subscription through your account settings. Cancellation takes effect at the end of the then-current billing period unless we say otherwise.
• We may change prices for future billing periods with at least 30 days' advance notice. You may cancel before the new price takes effect.
• Refund window: 60 days. You may request a full refund of the most recent payment for a paid feature within 60 days of the charge by contacting [email protected]. Beyond 60 days, fees are non-refundable except where required by law.
• You are responsible for any taxes that apply to your purchase.

If a payment fails, we may suspend or terminate access to paid features until the balance is resolved.

We may make experimental features available to you, marked as "beta," "preview," "early access," or similar. Beta features are provided for evaluation purposes, may contain bugs or errors, may change or be discontinued without notice, and are excluded from any service-level commitments. You agree to keep details of beta features confidential until we publicly release them, unless we say otherwise.

We are continuously improving Yearloom. We may add, change, suspend, or remove features at our discretion. Where a change materially reduces the functionality of the Service for you, we will provide reasonable advance notice when practical, except in urgent circumstances such as security or legal requirements.

If we permanently discontinue the Service, we will give you a reasonable opportunity to export Your Content before access ends, and we will refund any prepaid fees for paid features that you have not yet received.

The Service is provided "as is" and "as available," without any warranty of any kind. To the fullest extent permitted by law, Jalapeno Labs and its affiliates, officers, employees, agents, and licensors disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure, error-free, or that defects will be corrected. We do not warrant the accuracy, reliability, or completeness of any content made available through the Service. You are responsible for maintaining your own backups of content that is important to you.

Not professional advice. The Service is intended for personal journaling and life-timeline use. It is not designed to provide, and is not a substitute for, medical, mental-health, legal, financial, tax, or other professional advice. If you are dealing with a health, safety, or legal matter, consult a qualified professional. In an emergency, contact your local emergency services. Yearloom does not monitor entries for crisis indicators and is not a crisis-response service.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the disclaimers above apply only to the extent permitted by applicable law.

To the fullest extent permitted by law, Jalapeno Labs and its affiliates, officers, employees, agents, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or relating to these Terms or the Service, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (A) one hundred U.S. dollars ($100), or (B) the total amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.

These limitations do not apply to liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded by applicable law.

You agree to defend, indemnify, and hold harmless Jalapeno Labs and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of, or inability to use, the Service;
• Your Content;
• Your breach of these Terms or violation of any applicable law; or
• Your violation of the rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense.

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Idaho, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs the interpretation and enforcement of Section 18.

For any dispute that is not subject to arbitration under Section 18, you and Jalapeno Labs agree to the exclusive jurisdiction of, and venue in, the state and federal courts located in Ada County, Idaho, and you waive any objection to jurisdiction or venue in those courts.

If you live in a country outside the United States, mandatory consumer protections in your country of residence may still apply, and nothing in these Terms is intended to override those protections.

We may update these Terms from time to time. When we make material changes, we will provide reasonable advance notice (for example, by email to the address associated with your account or by an in-product notification) before the changes take effect. Non-material changes (such as fixing a typo or clarifying language) take effect when we post the updated Terms.

If you do not agree to the updated Terms, you should stop using the Service and may delete your account before the changes take effect. Continuing to use the Service after the effective date of an update means you accept the updated Terms.

We will keep prior versions of these Terms available on request.