EverKeep Stories Terms of Use

Welcome to EverKeep Stories. These Terms of Use (the "Terms") are an agreement between you and EverKeep Stories LLC, doing business as EverKeep Stories ("EverKeep," "we," "us," or "our"). They govern your use of:

• our website at everkeepstories.com and the landing pages we run for our advertising and events (together, the "Site");
• the emails and text messages we send you;
• orders you place with us for physical items such as additional drives and Keepsake Boxes; and
• the EverKeep Family Vault, our private, invitation-only web application (the "Vault").

Our documentary production and legacy services are governed by a separate written service agreement with the family that engages us. Where that agreement and these Terms differ, the service agreement controls for the Services it covers.

By using the Site, submitting a form, opting in to messages, or using the Vault, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use them.

01Who may use the Site and the Vault

You must be at least 18 years old to submit a form on the Site, to opt in to text messages, or to create a Vault account. Vault access is by invitation only. Children may appear in films and in memories shared by their parents or guardians, but they may not hold their own accounts.

02About the information on the Site

The Site describes our services so you can decide whether EverKeep is right for your family. It is an invitation to talk with us, not a binding offer. Details such as pricing, timelines, what is included in a package, and travel arrangements are confirmed in writing in your service agreement, which controls if it differs from anything on the Site.

Timelines on the Site, such as "most films are completed within six to eight weeks," are typical estimates. Every family's story is different, and the scope of your project, the archival material involved, and scheduling all affect timing.

Reviews and testimonials on the Site and in our advertising are the genuine experiences of the families who shared them, used with their permission. They describe those families' experiences and are not a promise of what your experience will be.

03Discovery calls, quotes, and engaging our services

A discovery call is free and carries no obligation. If we prepare a quote or proposal for you, it is valid for the period stated on it. Engaging our services requires a signed service agreement and any deposit it describes. Nothing on the Site, and nothing said in a call, email, or text, engages our services until that agreement is signed.

04Orders for physical items

Your family's finished film is delivered on physical drives in a handmade EverKeep Keepsake Box as part of your Legacy Collection under your service agreement. Additional drives, Keepsake Boxes, and other Legacy Collection items may be purchased separately.

• Pricing and payment. Prices are those shown or quoted at the time you order, plus any applicable tax and shipping. Payment is due when you order unless we agree otherwise in writing.
• Made for your family. Each drive and box is prepared specifically for your family and cannot be resold, so orders cannot be cancelled once production has begun and are not returnable for a refund. If an item arrives damaged or a drive does not work, tell us within 30 days of delivery and we will replace it at no charge.
• Shipping. We ship to the address you give us and are not responsible for delays once an item is with the carrier. Risk of loss passes to you on delivery. Please check the address carefully; items returned to us because of an incorrect address may incur a reshipping fee.
• Your film's content. Drives contain your family's film and keepsakes for personal, family use as described in your service agreement. They may not be resold, publicly exhibited, or broadcast.

05Text messaging (SMS) program terms

These terms apply to the EverKeep Stories text messaging program.

Program description. EverKeep sends conversational and customer-care text messages, including replies to your questions, discovery-call confirmations and reminders, and scheduling updates during your project, and, if you opted in to them, occasional marketing messages about our services, events, and offers.

How to opt in. You consent to receive text messages from EverKeep at the mobile number you provide by any of the following: checking the text-message consent checkbox on a form on the Site; giving us your mobile number and permission in person, by phone, or by email; or by texting us first at a number EverKeep uses to text customers. Consent is not a condition of purchasing any goods or services. You may always choose email or a phone call instead.

Message frequency. Message frequency varies and depends on your interactions with EverKeep. Expect roughly 2 to 4 messages per month.

Cost. Message and data rates may apply. EverKeep does not charge for text messages, but your mobile carrier's standard messaging and data rates apply. Please check your plan with your carrier.

How to opt out. You can cancel at any time by replying STOP to any message from EverKeep. After you reply STOP, you will receive one final message confirming that you have been unsubscribed, and no further messages will be sent. To rejoin, opt in again using any of the methods above, or simply text us.

How to get help. Reply HELP to any message for assistance, or contact us directly at (717) 858-0049 or info@everkeepstories.com.

Carriers. Carriers, including but not limited to AT&T, Verizon Wireless, T-Mobile, US Cellular, Boost, MetroPCS, and Google Voice, are not liable for delayed or undelivered messages. Delivery of messages is subject to effective transmission by your carrier and is not guaranteed. Not all carriers or handsets are supported.

Your obligations. You confirm that the mobile number you provide is yours, or that you are authorized to consent for it, and that you are at least 18 years old. If your mobile number changes or is reassigned, please tell us promptly so messages are not sent to someone else.

Privacy. No mobile information will be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent are not shared with any third party, other than the messaging providers that deliver the messages on our behalf. See our Privacy Policy for full detail.

06Email

If you request information, book a consultation, or subscribe to updates, you will receive emails from EverKeep about your inquiry and, from time to time, about our services, events, and offers. Every marketing email includes an unsubscribe link, and you can also reply and ask to be removed. Your email address is never sold or shared for marketing by anyone else.

07Roles in a Vault

A Vault is one family's private space. It contains the family's films, its members, a family feed, memory prompts, and a shared calendar.

• Vault Owner. The customer who engaged EverKeep to create the family's film. The Owner may invite Key Holders, resend or cancel invitations, remove Key Holders, and use every member feature. The Owner is responsible for choosing who joins the family's Vault.
• Key Holder. A family member or friend invited by the Owner. A Key Holder may watch the family films, share memories, comment, react, respond to prompts, and add calendar events.
• EverKeep Administrator. A member of our team who creates Vaults, adds films, schedules memory prompts, supports members, and moderates content when needed. Administrators can see Vault content in order to do this work and are bound by our Privacy Policy.

A Vault Owner may transfer ownership, or designate a successor, by contacting us. If a Vault Owner passes away, we will work with the family or the Owner's legal representative to designate a new Owner so the family's Vault continues.

08Your account

Keep your login details private. Each account belongs to one person; do not share your password or let someone else use your account. Invitation links are personal and single-use; do not forward them. Tell us right away at info@everkeepstories.com if you believe your account has been accessed without your permission. You are responsible for activity that happens under your account until you tell us.

09The family films

The films in your Vault were produced by EverKeep for your family. Ownership of the films, and any rights granted to the family, are set out in the Owner's service agreement. Within the Vault, EverKeep grants each member a personal, non-transferable license to watch the family films for personal, non-commercial purposes for as long as they remain a member.

Films stream privately inside the Vault and are not offered as downloadable files. You agree not to record, capture, copy, publicly exhibit, or redistribute a film, or any part of it, and not to attempt to bypass the protections that keep the films private. Physical copies of your film are delivered in your Legacy Collection under the service agreement.

10The memories you share

You own what you share. Memory posts, photographs, short videos, comments, reactions, prompt responses, and calendar events that you add to a Vault ("Member Content") remain yours. The photographs, home movies, and keepsakes EverKeep digitized for your family during production also remain your family's, and the same permissions below apply to them.

The permission you give us. So that we can operate the Vault, you grant EverKeep a worldwide, non-exclusive, royalty-free license to host, store, back up, resize, transcode, display, and deliver your Member Content to the members of your Vault. This license exists only to run the Vault and protect your family's memories. It ends when your Member Content is deleted, except that copies may remain in backups for a limited time. We will never use your Member Content for advertising, publish it outside your Vault, or use it to train artificial-intelligence systems without your separate written permission.

What you promise about it. You confirm that you have the right to share your Member Content, including any photographs, recordings, or music it contains, and that sharing it does not violate anyone else's rights or privacy. If a photograph or video shows other people, you are responsible for having their permission where it is needed.

Who can see it. Everything you add to a Vault is visible to every member of that Vault and to EverKeep Administrators. Nothing is public. Please share with your family in mind.

Respecting other members. The memories in your Vault belong to the people who shared them and to your family as a whole. Do not download, screenshot, copy, or share another member's content outside the Vault without their permission.

If you leave a Vault. A Vault is a shared family record. When you leave or are removed, the memories you contributed stay in the Vault unless you delete them before leaving or ask us to remove them. You may always ask us to remove your own Member Content.

11How to use the Site and the Vault (and how not to)

The Vault should feel like a family gathering, not a public feed, and the Site's forms exist so you can reach us. You agree not to:

• post anything unlawful, threatening, harassing, hateful, or sexually explicit, or anything that exploits or endangers a child;
• post content that infringes someone's copyright, trademark, or privacy;
• impersonate another person, misrepresent your relationship to the family, or submit someone else's contact information without their permission;
• upload viruses or malicious code, or interfere with the operation of the Site or the Vault;
• use bots, scrapers, or automated tools to access the Site or the Vault, or attempt to access any Vault, account, or system you are not authorized to use;
• try to defeat the protections around the films or member media; or
• use the Site's forms or the Vault for advertising, solicitation, or any commercial purpose.

12Moderation, reporting, and removal

Any member may report a post or comment. Vault Owners and EverKeep Administrators may remove content that violates these Terms or that does not belong in the family's space. We may suspend or close an account that violates these Terms, and we may do so without notice when necessary to protect the family, the Vault, or other members. When a Key Holder is removed by the Owner, access ends immediately.

13Fees

Access to a Vault is provided under the Vault Owner's service agreement with EverKeep. Any fees for the Vault, including ongoing storage or membership fees, are described in that agreement. Key Holders are not charged to join a Vault they have been invited to unless the Owner's agreement says otherwise.

14Availability, backups, and preservation

We intend your family's Vault to last. We keep regular encrypted backups and maintain a documented recovery process. Even so, we cannot promise that the Site or the Vault will be available without interruption or free of errors, and we may take them offline for maintenance or updates. The Vault is one home for your family's memories, not the only one: keep the copies of your film delivered in your Legacy Collection, and keep your own copies of any photographs and videos you share.

We may change, add, or remove Vault features over time. If we ever decide to discontinue the Vault, we will give Vault Owners at least 90 days' notice and a reasonable opportunity to retrieve their family's content.

15EverKeep's property

The Site, the Vault, and everything about them that is not Member Content or a family's film, including our name, logo, badge, designs, text, photographs, software, and the memory prompts we write, belong to EverKeep or our licensors. You may read, print, and share links to the Site for your own personal use. You may not copy, republish, modify, or reuse our content commercially, or use it to train an automated system, without our written permission. We welcome your suggestions, and you agree we may use them without obligation to you.

16Third-party services

The Vault relies on third-party providers for hosting, video streaming, storage, and email. The Site uses third-party scheduling, analytics, and advertising tools and links to social media platforms. We are not responsible for the content or practices of third parties, and their terms govern your use of their services.

17Disclaimers

The Site and the Vault are provided "as is" and "as available." To the fullest extent the law allows, EverKeep disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or Vault will meet your needs, be uninterrupted or error-free, or that content will never be lost. Nothing in these Terms limits warranties or remedies provided in a family's service agreement.

18Limitation of liability

To the fullest extent the law allows, EverKeep and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or emotional distress, arising from your use of the Site, our messages, or the Vault, even if we were told such damages were possible. Our total liability to you for any claim relating to the Site or the Vault will not exceed the greater of (a) the amount you paid us for the Vault in the twelve months before the claim or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow these limits, so they may not fully apply to you.

19Your responsibility to us

You agree to defend and hold EverKeep harmless from claims, losses, and expenses, including reasonable attorneys' fees, that arise from your Member Content, your violation of these Terms, or your violation of anyone else's rights.

20Ending your use

You may stop using the Site or the Vault at any time, may unsubscribe from our messages at any time, and may ask us to close your account. We may suspend or end your access if you violate these Terms, if the Vault Owner removes you, or if the Vault is closed under the Owner's agreement. Sections 4, 9, 10, 15, and 17 through 22 survive the end of your access.

21Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law rules. If you have a concern, please contact us first at info@everkeepstories.com; most issues can be resolved with a conversation. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in Adams County, Pennsylvania, and you consent to their jurisdiction.

22General terms

These Terms, our Privacy Policy, and, where applicable, your service agreement are the complete agreement between you and EverKeep regarding the Site, our messages, and the Vault. If any part of these Terms is found unenforceable, the rest remains in effect. Our not enforcing a provision is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours in connection with a merger, acquisition, or sale.

23Changes to these Terms

We may update these Terms as the Site and the Vault grow. When we make meaningful changes, we will post the updated Terms, change the date at the top, and notify Vault members by email or in the Vault before the changes take effect. Continued use after that date means you accept the new Terms.

24Contact us