Terms of Service

Effective Date: December 2024

1. Acceptance of Terms

By accessing or using PastPresent ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

PastPresent is a memory sharing platform that enables users to:

• Create and share personal memories and tributes
• Collaborate on tribute creation with family and friends
• Use AI-powered features for content generation and analysis
• Store and organize photos, stories, and voice recordings

3. User Accounts

3.1 Account Creation

• You must provide accurate and complete information
• You are responsible for maintaining account security
• You must be at least 13 years old to create an account
• One person may not maintain multiple accounts

3.2 Account Responsibilities

• Keep your password secure
• Notify us immediately of any unauthorized use
• You are responsible for all activities under your account

4. Communications

4.1 Service Communications

We may send you communications related to:

• Account security and authentication
• Service updates and maintenance
• Important legal or policy changes
• Customer support responses

4.2 Marketing Communications

With your consent, we may send you:

• Product updates and new features
• Educational content and tips
• Promotional offers and discounts
• Newsletter and company updates

You can opt out of marketing communications at any time through your account settings or by clicking unsubscribe in any marketing email.

5. User-Generated Content

5.1 Content Ownership

• You retain ownership of your original content
• You grant us a license to use your content to provide the Service
• You represent that you have the right to share any content you upload

5.2 Content Guidelines

You agree not to upload content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains harmful, abusive, or offensive material
• Invades others' privacy
• Contains personal information of others without consent

5.3 Content Moderation

• We reserve the right to review and remove content
• We may suspend accounts for policy violations
• We are not obligated to monitor all content

6. AI-Powered Features

6.1 AI Processing

Our Service uses artificial intelligence to:

• Generate stories from your memories
• Analyze content for emotional quality and themes
• Provide text corrections and improvements
• Create personalized questions and suggestions

6.2 AI-Generated Content

• AI-generated content is provided "as is"
• We do not guarantee accuracy or appropriateness
• You are responsible for reviewing AI-generated content
• You may not use AI-generated content for commercial purposes without permission

6.3 Data Sharing with AI Providers

• Your content may be shared with AI service providers (Anthropic, OpenAI)
• These providers process data according to their privacy policies
• You consent to this sharing by using AI features

7. Privacy and Data Protection

7.1 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information.

7.2 Data Rights

You have the right to:

• Access your personal data
• Correct inaccurate information
• Delete your account and data
• Export your content
• Opt out of certain data processing

8. Intellectual Property

8.1 Our Rights

• We own the Service, including software, design, and functionality
• Our trademarks and logos are protected
• You may not copy, modify, or distribute our Service

8.2 Your Rights

• You retain ownership of your original content
• You grant us necessary licenses to provide the Service
• You may not use our Service for commercial purposes without permission

9. Prohibited Uses

You may not use the Service to:

• Violate any laws or regulations
• Harm, threaten, or harass others
• Distribute malware or harmful code
• Attempt to gain unauthorized access
• Use automated systems to access the Service
• Interfere with Service operation

10. Service Availability

10.1 Availability

• We strive to maintain Service availability
• We do not guarantee uninterrupted access
• We may perform maintenance that temporarily affects availability

10.2 Modifications

• We may modify or discontinue features
• We will provide reasonable notice of significant changes
• Continued use constitutes acceptance of changes

11. Termination

11.1 Termination by You

• You may delete your account at any time
• Account deletion will remove your data from our systems
• Some data may be retained for legal compliance

11.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in harmful or illegal activities
• Fail to pay required fees (if applicable)

12. Disclaimers and Limitations

12.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

12.3 Indemnification

You agree to indemnify and hold us harmless from any claims arising from your use of the Service or violation of these Terms.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of California, United States.

13.2 Dispute Resolution

Any disputes will be resolved through binding arbitration, except for claims that may be brought in small claims court.

14. Children's Privacy

Our Service is not intended for children under 13. We do not knowingly collect personal information from children under 13. If we learn we have collected such information, we will delete it immediately.

15. International Users

If you access the Service from outside the United States, you are responsible for compliance with local laws.

16. Changes to Terms

We may update these Terms periodically. We will notify you of significant changes via email or through the Service. Continued use constitutes acceptance of updated Terms.

17. Contact Information

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PastPresent regarding the Service.