Terms of Service

TERMS OF SERVICE

Effective Date: 2026-10-29
Last Updated: 2026-10-29

These Terms of Service ("Terms") constitute a legally binding agreement between you and EverKnown, LLC ("Company," "we," "us," or "our"), concerning your access to and use of EverKnown, including our websites, applications, interview experiences, recording tools, artificial intelligence features, video and audio processing services, editing tools, storage services, sharing features, and related products and services (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT LIMITATIONS OF LIABILITY, DISCLAIMERS, CONTENT LICENSES, AND RULES FOR USING THE SERVICE.

By creating an account, purchasing or using the Service, uploading or submitting content, participating in an interview, clicking to accept these Terms, or otherwise accessing the Service, you agree to be bound by these Terms and our Privacy Policy, available at Privacy Policy.

If you do not agree, do not use the Service.

1. THE SERVICE

The Service is designed to help individuals and families capture, organize, preserve, interview, record, edit, enhance, and create audiovisual stories, documentaries, legacy films, biographies, memorials, family histories, and related media.

The Service may include, among other things:

• AI-assisted conversational interviews;
• interview planning and question generation;
• audio and video recording;
• transcription;
• speech, image, and video analysis;
• organization of photographs, videos, documents, recordings, and historical materials;
• metadata extraction and tagging;
• identification of people, places, dates, themes, and events;
• user-supplied descriptions and contextual information;
• editorial importance or priority designations;
• AI-assisted video and audio editing;
• automated selection of clips, images, quotes, and themes;
• restoration, enhancement, cropping, reframing, stabilization, color correction, noise reduction, or other processing;
• generation of narration, captions, titles, timelines, graphics, music placement, or other creative elements;
• creation of draft and final audiovisual productions;
• collaboration among family members or invited contributors;
• sharing, downloading, publishing, or distribution features; and
• other features that we may introduce from time to time.

The precise functionality of the Service may change without notice.

2. ELIGIBILITY AND ACCOUNT RESPONSIBILITY

You must be at least 18 years old and legally capable of entering into a binding contract to create an account or purchase the Service.

The Service is not intended to permit children under 13 to independently create accounts or directly provide personal information to Company.

If you provide content concerning a minor, invite a minor to participate, record a minor, or otherwise cause information concerning a minor to be submitted to the Service, you represent and warrant that you are the minor's parent or legal guardian or that you have obtained all legally required authorization from the parent or legal guardian.

You are responsible for:

• maintaining the confidentiality of your login credentials;
• activity conducted through your account;
• ensuring information associated with your account is accurate;
• controlling individuals whom you authorize to access a project;
• determining which individuals may upload, edit, view, download, or share content; and
• immediately notifying us of unauthorized access.

Company may rely on instructions received through your account without independently verifying the identity or authority of the person providing those instructions.

3. USER CONTENT

"User Content" means any content, information, or materials that you or someone acting through your project submits, provides, uploads, records, transmits, imports, creates, or makes available through the Service.

User Content may include:

• photographs;
• videos;
• home movies;
• audio recordings;
• interviews;
• voice recordings;
• documents;
• letters;
• journals;
• photographs of documents;
• genealogy information;
• family histories;
• biographical information;
• names;
• dates;
• locations;
• stories;
• memories;
• descriptions;
• annotations;
• metadata;
• answers to interview questions;
• comments;
• corrections;
• project instructions;
• editorial priority designations;
• likenesses;
• voices;
• personal information;
• information regarding third parties; and
• other submitted materials.

As between you and Company, and subject to the licenses granted in these Terms, you retain whatever ownership rights you lawfully possess in your User Content.

Company does not claim that uploading User Content transfers copyright ownership of the underlying User Content to Company.

For the protections in this document, Family Content means User Content supplied for a family or personal storytelling project, the personalized Outputs created for that project, and information derived from those materials, including transcripts, summaries, images, voice or video excerpts, embeddings, classifications, and content-derived statistics or other representations. These protections continue to apply when such information is aggregated, anonymized, or de-identified. Family Content does not include technical website or Service usage information that does not contain, reproduce, reveal, or derive from the substance of those materials.

4. LIMITED LICENSE TO PROVIDE AND IMPROVE EVERKNOWN

By providing User Content to the Service, you grant Company a worldwide, non-exclusive, royalty-free, fully paid license, sublicensable to providers acting on Company's behalf and transferable with the Service only subject to the same restrictions, to:

• host;
• store;
• reproduce;
• copy;
• encode;
• decode;
• convert;
• transcode;
• compress;
• extract;
• analyze;
• classify;
• tag;
• index;
• search;
• transcribe;
• translate;
• summarize;
• organize;
• modify;
• edit;
• crop;
• enhance;
• restore;
• synchronize;
• combine;
• remix;
• adapt;
• create derivative works from;
• display;
• perform;
• transmit;
• distribute;
• process;
• reproduce in different formats;
• generate embeddings or machine-readable representations from; and
• otherwise use

your User Content as reasonably necessary to provide, operate, maintain, secure, support, develop, improve, personalize, test, evaluate, troubleshoot, and administer EverKnown, subject to Sections 5 through 7 and the Privacy Policy. This license does not authorize independent use of Family Content by a provider, outside-company model training, or sale or commercialization of Family Content as a content or data product.

This license includes the right to provide User Content to third-party technology and artificial-intelligence providers acting on Company's behalf when reasonably necessary for these limited purposes. Those providers must be subject to arrangements consistent with the Family Content restrictions in Section 6.

The license also includes permission to use names, voices, images, likenesses, appearances, performances, statements, biographical information, and other attributes contained in User Content to the extent necessary to perform the Service requested by you.

5. AI DEVELOPMENT, SERVICE IMPROVEMENT, AND DERIVED DATA

Subject to the Privacy Policy and applicable law, Company may use information generated through the Service to test and evaluate systems, improve EverKnown's interview methods, prompts, workflows, organization, transcription and editing, evaluate quality, detect errors, measure performance, conduct analytics and research, and develop EverKnown functionality.

Family Content may be used for internal EverKnown development and improvement under Company's control, including internal machine-learning or artificial-intelligence development where permitted by applicable law, contractual commitments, and any required consent or user choice. This does not authorize an outside company to train, fine-tune, or improve its own models, general-purpose models, or models for other customers using Family Content.

Company may create metadata, statistics, embeddings, classifications, usage patterns, performance data, quality metrics, and other derived information ("Derived Data"). Derived Data from Family Content remains protected Family Content even after aggregation, anonymization, or de-identification.

Company will not sell Family Content, license it for independent use, or commercialize it as a content or data product. This does not prevent charging for the requested EverKnown Service, sharing at your direction, or separately and explicitly authorized promotional use under Section 7. Promotional authorization does not authorize outside-company model training or sale of Family Content.

For Derived Data created solely from technical website or Service usage activity that is not Family Content and has been lawfully aggregated or de-identified so that it is not reasonably linkable to an individual or household, Company may use, reproduce, disclose, license, sell, commercialize, publish, or otherwise exploit it for lawful business purposes, subject to the Privacy Policy and applicable law.

Company's ownership of Company-created Derived Data, to the extent permitted by law, does not override the protections applicable to Family Content. Nothing in this section limits non-waivable privacy rights.

6. HUMAN REVIEW AND THIRD-PARTY PROCESSING

You acknowledge that User Content may be processed by automated systems and, where reasonably necessary, reviewed by authorized Company personnel, contractors, editors, quality-control personnel, customer-support personnel, or service providers.

Company may use third-party services for functions including:

• artificial intelligence;
• speech recognition;
• transcription;
• video processing;
• image processing;
• cloud storage;
• content delivery;
• payment processing;
• analytics;
• security;
• customer support; and
• production services.

You authorize Company to provide User Content and related information to such providers acting on Company's behalf to the extent reasonably necessary to provide or improve EverKnown, subject to applicable law and arrangements consistent with these Terms and the Privacy Policy.

Providers may run existing models to process Family Content for EverKnown. Company will not permit providers to use Family Content to train, fine-tune, or improve their own models, general-purpose models, or models for other customers, or to sell, independently license, or commercialize Family Content as content or data products. These restrictions also apply to retained, de-identified, or derived versions of Family Content.

7. IDENTIFIABLE CONTENT AND PROMOTIONAL USE

Company will not treat purchase or ordinary use of the Service as permission to feature private Family Content in public advertising. Public promotional use requires separate explicit authorization identifying the material and the permitted promotional use.

However, if you:

• expressly opt in to promotional use;
• separately and explicitly authorize specified content as a testimonial, example, case study, promotional submission, contest entry, or public showcase;
• authorize Company in writing or electronically to feature a project; or
• otherwise expressly designate identifiable content for promotional use,

you grant Company a worldwide, perpetual, irrevocable to the extent permitted by law, royalty-free, transferable, sublicensable license, limited to the authorized promotional purposes and subject to the Family Content protections, to use, reproduce, edit, excerpt, publish, distribute, publicly perform, publicly display, advertise, promote, and create derivative works from the authorized content. This promotional license does not authorize outside-company model training, independent content or dataset licensing, or sale of Family Content.

Such authorization may include the right to use:

• your name;
• first name and last initial;
• photograph;
• likeness;
• voice;
• image;
• testimonial;
• statements;
• project footage;
• before-and-after examples;
• excerpts from a completed film;
• quotes;
• geographic region; and
• biographical information expressly authorized for promotional use.

Company may use authorized promotional material in websites, social media, advertising, investor materials, presentations, public relations, demonstrations, sales materials, trade shows, and other lawful promotional channels.

Unless otherwise agreed, no additional compensation is owed for such use.

Company will comply with applicable advertising, endorsement, testimonial, privacy, and publicity laws.

8. FEEDBACK

If you provide suggestions, ideas, feature requests, recommendations, concepts, methodologies, workflows, comments, designs, or other feedback concerning Company or the Service ("Feedback"), you grant Company a perpetual, irrevocable, worldwide, unrestricted, transferable, sublicensable, royalty-free, fully paid license to use, reproduce, modify, commercialize, implement, license, sell, distribute, and otherwise exploit the Feedback for any purpose.

The Feedback license does not include Family Content merely because it appears in a comment, support request, example, or feature suggestion. Family Content remains subject to Sections 4 through 7, including the restrictions on outside-company model training and independent licensing or sale. Company has no confidentiality obligation with respect to other Feedback unless expressly agreed in writing.

Company may develop products, functionality, concepts, or services that are similar to Feedback without compensation or attribution to you.

9. YOUR RESPONSIBILITY FOR THIRD-PARTY CONTENT AND RIGHTS

You may upload or provide content depicting, discussing, identifying, quoting, recording, or otherwise relating to individuals other than yourself.

You, not Company, are responsible for determining whether you have the legal right to provide and use such content.

You represent and warrant that:

1. you own the User Content or possess all rights, licenses, permissions, releases, and consents necessary to provide it to Company;

2. Company's use of the User Content as contemplated by these Terms will not infringe or violate any copyright, trademark, privacy right, publicity right, contractual right, confidentiality obligation, moral right, or other legal right;

3. you have obtained all legally required consent from individuals whose voices, images, likenesses, performances, interviews, private communications, or personal information are submitted;

4. where User Content concerns a minor, you possess legally sufficient parental or guardian authorization;

5. where User Content concerns a deceased person, estate, copyrighted work, archival material, or other protected interest, you possess any authorization legally required for the intended use;

6. your submission of the User Content does not violate any confidentiality agreement, court order, employment obligation, fiduciary duty, or other restriction; and

7. information that you affirmatively represent to Company as factual is supplied in good faith and is not knowingly false, defamatory, fraudulent, or unlawful.

Company has no obligation to independently investigate ownership, consent, family relationships, inheritance rights, copyright ownership, estate authority, historical accuracy, or competing claims among family members.

10. RECORDING CONSENT

The Service may facilitate audio or video recording of conversations and interviews.

Recording laws differ between jurisdictions.

YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ALL CONSENTS REQUIRED BY APPLICABLE LAW BEFORE RECORDING ANOTHER PERSON OR SUBMITTING A RECORDING TO THE SERVICE.

You represent and warrant that each interview participant has received legally sufficient notice of the recording and has consented whenever consent is legally required.

Company is not responsible for determining whether a jurisdiction requires consent from one participant, all participants, or another form of authorization.

Company may provide consent prompts or recommended disclosures as a convenience, but those features do not constitute legal advice and do not shift responsibility from you.

11. BIOMETRIC AND VOICE PROCESSING

Certain audio, visual, or artificial-intelligence technologies can potentially generate or process information associated with faces, voices, or other physical characteristics.

Unless expressly disclosed through a separate feature notice, Company does not intend the ordinary operation of the Service to use biometric identifiers for authentication or identification of individuals.

Where Company offers functionality that constitutes collection or processing of legally regulated biometric identifiers or biometric information, Company may require a separate notice, release, consent, retention policy, or other authorization.

You agree to provide any legally required cooperation or participant consent associated with features you elect to use.

Nothing in these Terms authorizes Company to disregard non-waivable biometric privacy requirements.

12. INTERVIEW PARTICIPANTS

A person participating in an interview may:

• decline to answer a question;
• request that an interview be stopped;
• ask for a break;
• decline to discuss a topic; or
• request that particular information not be included.

You agree not to use the Service to coerce, deceive, threaten, exploit, or unlawfully record another person.

The AI interviewer or other automated system may ask unexpected, personal, sensitive, emotionally difficult, or inaccurate questions.

Company is not responsible for emotional discomfort, interpersonal disagreements, family disputes, disclosures, revelations, recollections, or consequences resulting from participation in an interview.

13. HISTORICAL ACCURACY AND USER-SUPPLIED CONTEXT

The Service may use artificial intelligence to infer or suggest:

• names;
• dates;
• relationships;
• locations;
• themes;
• event descriptions;
• chronology;
• historical context; or
• connections among materials.

Such information may be inaccurate.

You are responsible for reviewing important facts before distributing a completed project.

The Service is a storytelling and creative-production service, not an authoritative genealogical, historical, legal, medical, or archival service.

14. EDITORIAL PRIORITY DESIGNATIONS

The Service may allow you to designate photographs, recordings, stories, people, events, or other materials as important, essential, preferred, high priority, or similar.

Company and its systems will endeavor to consider such instructions during production.

A PRIORITY DESIGNATION DOES NOT GUARANTEE THAT ANY PARTICULAR CONTENT WILL APPEAR IN A DRAFT OR FINAL PRODUCTION.

Automated or human editing may omit, shorten, modify, crop, rearrange, combine, or otherwise alter submitted material for technical, narrative, quality, legal, or editorial reasons.

You are responsible for reviewing drafts where draft review is offered.

15. ARTIFICIAL INTELLIGENCE

The Service relies extensively on artificial intelligence and automated systems.

You acknowledge that AI systems may:

• misunderstand speech;
• incorrectly transcribe words;
• misunderstand relationships;
• generate inaccurate statements;
• omit significant material;
• overemphasize insignificant material;
• select undesirable clips;
• generate repetitive content;
• produce unintended edits;
• incorrectly classify images;
• generate factually inaccurate material; or
• otherwise produce unexpected results.

AI-generated material may resemble material generated for other users.

Company does not warrant that AI-generated material is unique, copyrightable, accurate, complete, or free from third-party claims.

You are responsible for reviewing Outputs before relying upon, publishing, or distributing them.

16. OUTPUTS

"Output" means films, videos, edits, transcripts, summaries, timelines, graphics, captions, generated materials, or other content produced for you through the Service.

Subject to full payment and the rights retained below, as between you and Company, Company grants or assigns to you, to the extent Company possesses the relevant rights, Company-owned rights in the personalized final Output produced specifically for your project.

This does not transfer ownership of:

• Company software;
• models;
• algorithms;
• workflows;
• prompts;
• interview methodologies;
• templates;
• editing systems;
• design systems;
• production techniques;
• generic graphics;
• stock materials;
• fonts;
• licensed materials;
• music licensed from third parties;
• AI models;
• Company trademarks; or
• other Company technology or intellectual property.

These items are "Company Technology."

Company retains all rights in Company Technology.

You grant Company the same operational license described in Section 4 with respect to Output to the extent necessary to operate, support, maintain, improve, or administer the Service.

Company may reuse general techniques, ideas, styles, workflows, editing approaches, templates, non-identifying structures, know-how, and production methods used in creating an Output. This does not permit reuse, independent licensing, sale, or commercialization of Family Content itself or its derived representations as content or data products, even when they are de-identified, or outside-company model training. Personalized Outputs and their content-derived representations remain protected Family Content.

17. THIRD-PARTY MATERIALS

Outputs may contain materials licensed from third parties, including:

• music;
• fonts;
• stock footage;
• stock imagery;
• graphical elements;
• sound effects; or
• other licensed content.

Such materials may be subject to separate license restrictions.

You receive only the rights in third-party materials that Company is legally authorized to provide.

Company may replace or remove third-party materials when necessary because of licensing, availability, legal, or technical issues.

18. NO GUARANTEE OF COPYRIGHT PROTECTION

Certain material produced primarily through artificial intelligence may not qualify for copyright protection in some jurisdictions.

Company makes no representation or warranty concerning the copyrightability, registrability, exclusivity, or enforceability of any Output.

19. PROJECT COLLABORATORS

You may be permitted to invite other individuals to contribute to a project.

Depending on their permissions, collaborators may be able to:

• upload content;
• view content;
• comment;
• answer questions;
• modify project information;
• download materials; or
• invite additional participants.

You are responsible for selecting collaborators and assigning permissions.

Company is not responsible for disputes among project owners, family members, collaborators, heirs, spouses, former spouses, estates, or other individuals claiming rights in a project.

Company may freeze access, restrict sharing, or require additional documentation if conflicting ownership or authority claims arise.

Company has no obligation to adjudicate private disputes.

20. STORAGE AND BACKUPS

The Service is not intended to be your sole archival repository.

You are responsible for maintaining independent copies of important photographs, videos, recordings, documents, Outputs, and other materials.

Company does not guarantee that User Content will be stored indefinitely.

Content may be deleted following:

• project completion;
• expiration of a subscription;
• account closure;
• nonpayment;
• inactivity;
• termination;
• storage-policy changes; or
• expiration of any retention period communicated to you.

Company may maintain backup copies for a commercially reasonable period.

Deletion from active systems may not result in instantaneous deletion from backups, security logs, disaster-recovery systems, legal archives, or systems of third-party processors.

Company is not liable for loss, corruption, deletion, modification, or failure to store User Content except where liability cannot legally be excluded.

21. DATA DELETION AND SURVIVING RIGHTS

Where legally permitted, Company may retain information following deletion or account closure when reasonably necessary to:

• satisfy legal obligations;
• resolve disputes;
• prevent fraud;
• enforce agreements;
• protect Company or users;
• maintain security;
• maintain backup systems;
• document transactions;
• exercise or defend legal claims; or
• comply with regulatory requirements.

Company may continue using lawfully created aggregated or de-identified data that no longer reasonably identifies an individual only within the purposes and restrictions in Section 5. Family Content remains subject to its protections after deletion or account closure; de-identification does not create outside-company model-training, independent licensing, sale, or commercialization rights.

Licenses concerning material already lawfully published, distributed at your direction, incorporated into delivered Outputs, or separately and explicitly authorized for promotional use may survive deletion only to the extent necessary for those authorized purposes and permitted by law. No surviving license overrides the Family Content restrictions on outside-company model training, independent licensing, sale, or commercialization as content or data products.

Applicable statutory privacy rights remain unaffected.

22. PRIVACY

Our collection, processing, disclosure, retention, and use of personal information is described in our Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

Where applicable privacy law grants rights that cannot contractually be waived, nothing in these Terms is intended to waive those rights.

If these Terms conflict with the Privacy Policy regarding Company's handling of personal information, the Privacy Policy controls with respect to that personal information.

23. PROHIBITED CONTENT AND CONDUCT

You may not use the Service to:

• violate applicable law;
• infringe intellectual-property rights;
• unlawfully record another person;
• impersonate another person deceptively;
• create unlawful deepfakes or deceptive impersonations;
• defame, threaten, stalk, or harass another person;
• exploit children;
• upload unlawful sexual material;
• upload content you have no right to possess or use;
• distribute malware;
• interfere with Company infrastructure;
• circumvent technical protections;
• reverse engineer the Service except where legally permitted;
• scrape or systematically extract data without permission;
• obtain unauthorized access to another account;
• use the Service for fraud;
• falsely represent AI-generated or manipulated material in a manner that violates applicable law; or
• use the Service in any manner Company reasonably determines creates significant legal, security, reputational, or operational risk.

Company may remove content or terminate access if it reasonably believes these Terms have been violated.

24. CONTENT MODERATION

Company is not obligated to monitor all User Content.

Company nevertheless reserves the right, but not the obligation, to:

• review content;
• refuse content;
• restrict content;
• remove content;
• preserve content;
• disclose content where legally permitted or required; and
• suspend projects.

Company may take such action when it reasonably believes content:

• violates these Terms;
• violates applicable law;
• infringes third-party rights;
• creates safety concerns;
• exposes Company to potential liability; or
• materially threatens the Service.

25. COPYRIGHT COMPLAINTS

Company respects intellectual-property rights.

Copyright owners or authorized representatives may send copyright complaints to:

Copyright contact — EverKnown, LLC
7901 4TH ST N, STE 300
ST. PETERSBURG, FL 33702
United States
Email: admin@everknown.co

Please identify the copyrighted work, the material and its location in the Service, the reason for the complaint, and your contact information.

This is a general copyright-complaint contact, not a designation of an agent under the Digital Millennium Copyright Act. Company has not appointed a designated copyright agent.

Company may remove allegedly infringing material and may terminate repeat infringers where appropriate.

26. FEES AND PAYMENT

Certain features require payment.

You agree to pay all prices, taxes, shipping charges, subscription fees, production fees, storage fees, and other amounts presented at purchase.

Company may use third-party payment processors.

You authorize Company and its payment providers to charge the payment method provided by you.

Except where otherwise stated or required by law, fees are non-refundable once services have been materially performed or production has begun.

Company may change pricing prospectively.

27. SUBSCRIPTIONS

If the Service includes recurring subscriptions, your subscription will renew automatically at the frequency disclosed at checkout until canceled.

You authorize recurring charges until cancellation.

Cancellation prevents future renewal but ordinarily does not retroactively refund a current billing period except where required by law or expressly stated otherwise.

Company will provide cancellation functionality required by applicable law.

28. PROJECT CHANGES AND REVISIONS

Certain purchases may include a stated number of revisions.

Additional revisions, major restructuring, replacement interviews, newly submitted footage, or changes requested after finalization may incur additional charges.

Company determines in reasonable good faith whether a requested change falls within included revisions.

29. SERVICE CHANGES

Company continuously changes and develops the Service.

Company may add, remove, modify, suspend, replace, discontinue, or limit features.

Company does not guarantee that any particular feature, AI model, integration, provider, workflow, storage limit, format, or functionality will remain available permanently.

Where legally required, Company will provide appropriate notice of material changes affecting paid services.

30. BETA AND EXPERIMENTAL FEATURES

Some features may be labeled beta, preview, experimental, early access, prototype, trial, or similar.

Such features may be incomplete, inaccurate, unstable, or discontinued without notice.

Experimental features are provided AS IS and may be subject to additional terms.

31. THIRD-PARTY SERVICES

The Service may depend on or interact with third-party products or services.

Company does not control third parties and is not responsible for:

• their availability;
• outages;
• security;
• privacy practices;
• terms;
• content;
• acts or omissions; or
• changes to their products.

Your use of third-party services may be subject to separate agreements.

32. COMPANY INTELLECTUAL PROPERTY

Except for User Content and rights expressly granted to users, Company and its licensors own all rights in the Service and Company Technology.

No rights are granted by implication.

You may not copy, license, sell, reverse engineer, reproduce, distribute, modify, or create derivative products from Company Technology except as expressly authorized by Company or applicable law.

33. TRADEMARKS

EverKnown, LLC, EverKnown, associated logos, product names, and related branding are trademarks or potential trademarks of Company.

These Terms do not grant you a license to use Company trademarks except as expressly authorized.

34. CONFIDENTIALITY OF COMPANY INFORMATION

Non-public information concerning Company's:

• software;
• algorithms;
• prompts;
• system instructions;
• production processes;
• pricing methodologies;
• security measures;
• unreleased products;
• internal documentation; and
• proprietary technology

constitutes Company confidential information where such information would reasonably be understood as confidential.

You may not improperly access, disclose, or exploit Company confidential information.

35. NO CONFIDENTIALITY OBLIGATION FOR UNSOLICITED IDEAS

Except for User Content handled under our Privacy Policy or information subject to a separate written confidentiality agreement, Company does not accept unsolicited ideas on a confidential basis.

Submitting an idea does not prevent Company from independently developing or commercializing similar ideas.

36. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, USER INTERFACES, AI FEATURES, OUTPUTS, STORAGE, THIRD-PARTY SERVICES, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE."

COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• COMPLETENESS;
• RELIABILITY;
• AVAILABILITY;
• QUALITY;
• SECURITY; AND
• QUIET ENJOYMENT.

COMPANY DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED;
• CONTENT WILL NEVER BE LOST;
• OUTPUTS WILL MEET YOUR EXPECTATIONS;
• AI-GENERATED CONTENT WILL BE ACCURATE;
• EVERY SUBMITTED ITEM WILL BE USED;
• EDITS WILL BE ERROR-FREE;
• SECURITY INCIDENTS WILL NEVER OCCUR;
• THIRD-PARTY TECHNOLOGY WILL REMAIN AVAILABLE; OR
• OUTPUTS WILL BE UNIQUE OR COPYRIGHTABLE.

Some jurisdictions do not allow certain warranty exclusions, in which case applicable exclusions apply only to the maximum extent permitted by law.

37. FAMILY, REPUTATIONAL, AND EMOTIONAL CONSEQUENCES

Legacy and family-history projects may involve differing memories, family disputes, sensitive allegations, painful experiences, deceased persons, disputed relationships, medical information, financial information, political or religious beliefs, personal secrets, or other sensitive subjects.

Company does not verify such statements.

You assume responsibility for decisions concerning whom to interview, what information to provide, what information to include in a finished project, and with whom the project is shared.

To the maximum extent permitted by law, Company is not responsible for interpersonal, emotional, reputational, familial, employment, estate, inheritance, or other consequences resulting from lawful use or disclosure of User Content at your direction.

38. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND INVESTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES ARISING FROM:

• LOST PROFITS;
• LOST REVENUE;
• LOSS OF DATA;
• LOSS OF CONTENT;
• LOSS OF MEMORIES OR RECORDINGS;
• LOSS OF GOODWILL;
• EMOTIONAL DISTRESS;
• FAMILY DISPUTES;
• REPUTATIONAL HARM;
• BUSINESS INTERRUPTION;
• UNAUTHORIZED ACCESS;
• AI ERRORS;
• THIRD-PARTY CONDUCT; OR
• SUBSTITUTE SERVICES,

EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COMPANY AND ALL RELATED PARTIES ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) $100; OR
(B) THE AMOUNT YOU ACTUALLY PAID COMPANY FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

These limitations apply regardless of the legal theory asserted.

Where applicable law prohibits limitation of particular liabilities, the limitation will apply to the maximum extent legally permitted.

39. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Company and its parents, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against third-party claims, actions, proceedings, damages, judgments, settlements, penalties, losses, liabilities, costs, and reasonable attorneys' fees arising from or relating to:

• your User Content;
• your use of the Service;
• your violation of these Terms;
• your violation of law;
• your recording of another person;
• your failure to obtain required consent;
• your infringement of intellectual-property rights;
• your violation of privacy or publicity rights;
• allegations contained in content supplied by you;
• content supplied by collaborators whom you authorized;
• your distribution or publication of an Output;
• disputes concerning ownership of submitted materials;
• disputes among family members, collaborators, estates, heirs, or participants; or
• your fraud, intentional misconduct, or unlawful conduct.

Company may assume control of the defense of any matter subject to indemnification, in which case you agree to reasonably cooperate.

40. RELEASE

To the maximum extent permitted by law, you release Company and its affiliates, employees, officers, contractors, agents, licensors, and service providers from claims arising solely from disputes between you and:

• interview participants;
• family members;
• collaborators;
• heirs;
• estates;
• copyright owners;
• persons depicted in User Content; or
• other third parties,

except to the extent directly caused by Company's conduct for which liability cannot lawfully be waived.

41. FORCE MAJEURE

Company is not liable for delay or failure caused by circumstances outside its reasonable control, including:

• natural disasters;
• hurricanes;
• fires;
• floods;
• war;
• terrorism;
• civil unrest;
• epidemics;
• government actions;
• labor disputes;
• electrical failures;
• telecommunications failures;
• internet outages;
• cloud-provider outages;
• cyberattacks;
• third-party platform failures; or
• failure or withdrawal of third-party AI services.

42. SUSPENSION AND TERMINATION

Company may suspend or terminate your access if Company reasonably believes:

• you breached these Terms;
• payment is overdue;
• your activity creates legal or security risk;
• your activity threatens another person;
• continued service could expose Company to liability;
• Company is required to do so by law; or
• Company discontinues the applicable Service.

You may stop using the Service at any time.

Sections that by their nature should survive termination will survive, including provisions regarding intellectual property, limited licenses, Feedback, Derived Data, disclaimers, limitation of liability, indemnification, dispute resolution, and accrued payment obligations. The Family Content restrictions also survive; no surviving license or Derived Data provision creates rights prohibited by Sections 4 through 7 or 21.

43. ACCOUNT ACCESS AFTER DEATH OR INCAPACITY

Company may offer legacy-contact, authorized-user, estate-access, or similar functionality.

In the absence of such functionality, Company may require documentation it reasonably considers appropriate before granting another person access to an account following a user's death or incapacity.

Company may rely on facially valid legal documents and is not responsible for adjudicating disputes among heirs, fiduciaries, beneficiaries, executors, trustees, family members, or other claimants.

Company may refuse access while competing claims remain unresolved.

44. HONEST REVIEWS

Nothing in these Terms prohibits you from providing an honest review of Company, the Service, or your experience.

Company does not claim ownership of your consumer review merely because you use the Service.

You remain responsible for statements that are independently unlawful, including defamatory statements or disclosure of information you have no legal right to disclose.

45. GOVERNING LAW

Except where prohibited by applicable law or preempted by federal law, these Terms are governed by Florida law, without regard to conflict-of-laws rules. Nothing in these Terms limits non-waivable consumer or other statutory rights.

46. RESOLVING DISPUTES

Please contact EverKnown, LLC at admin@everknown.co or 7901 4TH ST N, STE 300, ST. PETERSBURG, FL 33702, United States, with a description of the dispute and the relief requested so we can attempt to resolve it. This request does not prevent seeking timely court relief or exercising rights under applicable law.

47. COURTS AND PRESERVED RIGHTS

Except where applicable law requires otherwise, disputes may be brought in the state courts in Pinellas County, Florida, or the federal courts serving that county. An eligible claim may be brought in small-claims court. These Terms do not require arbitration or waive the right to seek class or representative relief or a jury trial where available under applicable law.

48. CHANGES TO THESE TERMS

Company may update these Terms from time to time.

Material changes will be communicated in a manner reasonably designed to provide notice, which may include email, in-product notification, account notification, or publication of updated Terms.

Changes apply prospectively after their effective date.

Where applicable law requires affirmative acceptance, Company may require you to accept revised Terms before continuing to use the Service.

A material change to the dispute-resolution provisions will not retroactively alter the treatment of a dispute that had already accrued before the change where applicable law prohibits such retroactive application.

49. ELECTRONIC COMMUNICATIONS

You consent to receive legally required notices electronically to the extent permitted by law.

Electronic communications may include email, account notices, website postings, or in-product messages.

You are responsible for maintaining a current email address.

EverKnown SMS notification terms

EverKnown offers optional text notifications for scheduled conversations and Stories shared with you that you are authorized to access. You may choose either notification category separately in Account → Notifications using a verified phone number on your account. Notification consent is optional and is not required to purchase or use EverKnown. Account phone verification alone does not enroll you.

Message frequency varies with your scheduled conversations and authorized Story shares. Message and data rates may apply. These notifications do not include marketing messages.

Reply STOP to stop EverKnown notifications to that number. You can also turn off notification categories in Account → Notifications. Reply HELP for help, or contact admin@everknown.co. Turning a web checkbox on does not override a STOP request; contact EverKnown if you need help restarting notifications.

Notification links require ordinary EverKnown sign-in and current permission to access the appointment or Story. Text delivery may be delayed or unsuccessful, so you should also check your schedule and Stories in EverKnown.

50. ASSIGNMENT

You may not assign these Terms without Company's prior written consent.

Company may assign these Terms, User Content licenses, and its rights and obligations in connection with:

• a merger;
• acquisition;
• financing;
• corporate reorganization;
• sale of assets;
• change of control;
• transfer to an affiliate; or
• successor business,

subject to applicable law. Any assignee or successor remains subject to the same Family Content restrictions; assignment does not create an independent right to train outside-company models or license, sell, or commercialize Family Content as content or data products.

51. NO THIRD-PARTY BENEFICIARIES

Except where expressly stated, these Terms do not create third-party beneficiary rights.

52. NO WAIVER

Failure by Company to enforce any provision does not waive Company's right to enforce that provision later.

53. SEVERABILITY

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent legally permissible and the remaining provisions will remain in effect, unless applicable law requires otherwise.

54. INTERPRETATION

Headings are for convenience only.

Words such as "including" mean "including without limitation."

These Terms will not be interpreted against either party merely because one party drafted them.

55. ENTIRE AGREEMENT

These Terms, the Privacy Policy, applicable order forms, purchase terms, project-specific agreements, and any additional terms expressly incorporated by reference constitute the entire agreement between you and Company regarding the Service.

If an expressly executed project-specific agreement conflicts with these Terms, the project-specific agreement controls to the extent of the conflict.

56. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

EverKnown, LLC
7901 4TH ST N, STE 300
ST. PETERSBURG, FL 33702
United States

Legal: admin@everknown.co
Support: admin@everknown.co
Privacy: admin@everknown.co
Website: EverKnown

ACKNOWLEDGMENT

BY CLICKING "I AGREE," CREATING AN ACCOUNT, PURCHASING THE SERVICE, UPLOADING CONTENT, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF SERVICE, INCLUDING THE DISCLAIMERS, CONTENT LICENSES, AND LIMITATIONS OF LIABILITY DESCRIBED ABOVE.