Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of TheArchivist (the "Service"), operated by TheArchivist ("we", "us", or "our"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service. These Terms constitute a legally binding agreement between you and us.

These Terms are governed by the laws of England and Wales and comply with UK legislation, including the Consumer Rights Act 2015, the Data Protection Act 2018, and the General Data Protection Regulation (GDPR).

2. Definitions

• "Service" means TheArchivist family tree and memory archiving platform, including all features, functionality, and content.
• "User" or "you" means any individual who accesses or uses the Service.
• "Account" means a registered user account with the Service.
• "Content" means all data, information, text, images, audio recordings, videos, and other materials uploaded to or created using the Service.
• "Family Tree" means the genealogical data and relationships created within the Service.
• "Memories" means audio recordings, transcripts, narratives, photos, and associated metadata stored in the Service.
• "Subscription" means a paid plan providing access to premium features of the Service.

3. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

4. Eligibility and Age Requirements

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.

If you are using the Service to store information about children under 13, you represent that you have the necessary parental consent and authority to do so, and that you will comply with all applicable laws regarding children's data protection.

You must have the legal capacity to enter into contracts under UK law to use paid features of the Service.

5. Account Registration and Security

5.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access to your account

5.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with this obligation.

6. Description of Service

TheArchivist is a digital platform that enables users to:

• Create and manage family trees with biographical information
• Record, store, and organise audio memories and transcripts
• Upload, organise, and share photos and other media
• Link memories and media to family members
• Invite family members to contribute to shared archives
• Export family data in various formats, including GEDCOM

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, for maintenance, updates, or other operational reasons.

We do not guarantee that the Service will be available at all times or that it will be free from errors, interruptions, or defects. We will use reasonable efforts to maintain the availability and performance of the Service.

7. User Obligations and Acceptable Use

7.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Upload content that infringes any intellectual property rights, privacy rights, or other rights of any person
• Upload content containing viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service or its related systems
• Use automated systems (bots, scrapers) to access the Service without permission
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to violate any applicable laws or regulations
• Impersonate any person or entity or misrepresent your affiliation
• Collect or harvest information about other users without their consent
• Share your account credentials with third parties

7.2 Content Responsibility

You are solely responsible for all content you upload, create, or share through the Service. You represent and warrant that:

• You own or have the necessary rights, licenses, and consents to use and share the content
• The content does not infringe any third-party rights, including intellectual property, privacy, or data protection rights
• You have obtained all necessary consents from individuals featured in or described by the content, including consent for data processing under GDPR where required
• The content complies with all applicable laws and regulations

7.3 Prohibited Content

You must not upload or share content that is illegal, obscene, discriminatory, harmful, or violates the rights of others. We reserve the right to remove any content that violates these Terms without notice.

8. Intellectual Property Rights

8.1 Your Content

You retain all ownership rights in the content you upload or create using the Service. However, by uploading content, you grant us a limited, non-exclusive, royalty-free license to:

• Store, process, and display your content as necessary to provide the Service
• Create backups of your content
• Enable sharing features you explicitly activate

This license terminates when you delete the content or your account, except where we are legally required to retain the content (e.g., for legal compliance, dispute resolution, or where shared with other users).

8.2 Our Intellectual Property

The Service, including its design, features, functionality, and underlying technology, is owned by us and protected by UK and international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission. You may not remove or alter any copyright, trademark, or other proprietary notices.

9. Subscriptions and Payment Terms

9.1 Subscription Plans

The Service offers both free and paid subscription plans. Details of available plans, features, and pricing are available on our website and may be updated from time to time.

9.2 Payment

If you subscribe to a paid plan:

• You agree to pay the subscription fees as described at the time of purchase
• Fees are charged in advance on a monthly or annual basis, as selected
• All fees are inclusive of VAT where applicable
• Payment will be processed using the payment method you provide
• You are responsible for maintaining valid payment information

9.3 Price Changes

We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to renewals.

We will notify you of any price changes at least 30 days before they take effect. If you do not agree to the new price, you may cancel your subscription before the next billing cycle.

9.4 Cancellation and Refunds

Consumer Rights (UK): Under the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013, you have the following rights:

• Cooling-Off Period: If you purchase a subscription online, you have 14 days from the date of purchase to cancel and receive a full refund, provided you have not substantially used the Service during that period.
• Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will continue to have access to paid features until the end of that period.
• Refunds: Except as required by law, we do not provide refunds for partial subscription periods. If you cancel during a billing period, you will retain access until the end of that period.

To cancel your subscription, please contact us at support@thearchivist.cloud or use the cancellation feature in your account settings.

9.5 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorise us to charge your payment method automatically for each renewal.

10. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which complies with UK data protection laws, including the Data Protection Act 2018 and GDPR.

Key points:

• We process personal data in accordance with GDPR and UK data protection legislation
• You have rights to access, rectify, erase, and port your data
• We implement appropriate technical and organisational measures to protect your data
• Your data is hosted securely in the UK
• You can export or delete your data at any time

Please read our Privacy Policy for detailed information about how we handle your data.

11. Service Availability and Modifications

While we strive to provide continuous access to the Service, we do not guarantee that the Service will be available at all times or free from interruptions. The Service may be unavailable due to:

• Scheduled maintenance and updates
• Unforeseen technical issues
• Force majeure events
• Actions beyond our reasonable control

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will use reasonable efforts to provide advance notice of significant changes or discontinuations.

We are not liable for any loss or damage resulting from Service unavailability or modifications, except where such loss or damage arises from our negligence or breach of these Terms.

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your settings
• Contacting us at support@thearchivist.cloud

Upon termination, your access to the Service will cease. We will delete or anonymise your personal data within 30 days, except where we are legally required to retain it.

12.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms
• You engage in illegal or harmful activities
• Your account is inactive for an extended period (with notice)
• Required by law or regulatory authority
• We reasonably believe termination is necessary to protect our rights, other users, or the Service

In case of termination for breach, you are not entitled to a refund of any subscription fees already paid.

12.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases. You are responsible for exporting your data before termination if you wish to retain it. We may delete your account and content after a reasonable retention period, subject to our legal obligations.

13. Limitation of Liability

13.1 General Limitations

To the maximum extent permitted by UK law:

• We provide the Service "as is" and "as available" without warranties of any kind, express or implied
• We do not warrant that the Service will be uninterrupted, error-free, or secure
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim

13.2 Consumer Rights (UK)

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under UK law
• Breach of your statutory rights under the Consumer Rights Act 2015

If you are a consumer, you have legal rights that cannot be limited by these Terms. For more information, visit the Citizens Advice website at www.citizensadvice.org.uk.

13.3 Data Loss

While we implement backup and security measures, we cannot guarantee that your data will never be lost or corrupted. You are responsible for maintaining your own backups of important content. We are not liable for any loss of data, except where such loss is caused by our gross negligence or wilful misconduct.

14. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content you upload, create, or share through the Service

15. Dispute Resolution

15.1 Applicable Law

These Terms are governed by the laws of England and Wales. Any disputes arising from or related to these Terms or the Service will be subject to the exclusive jurisdiction of the courts of England and Wales.

15.2 Complaints

If you have a complaint about the Service, please contact us first at support@thearchivist.cloud. We will endeavour to resolve your complaint promptly and fairly.

15.3 Alternative Dispute Resolution

If you are a consumer and we cannot resolve your complaint, you may be able to use the European Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr or contact the UK's consumer advice service.

If you are a business, any disputes will be resolved through the courts of England and Wales, unless both parties agree to alternative dispute resolution.

16. Export and Data Portability

You have the right to export your data at any time. The Service provides export functionality that allows you to download:

• Your family tree data in GEDCOM format
• Your memories, transcripts, and narratives
• Your photos and media files
• Your account information

You can access export features through your account settings. Exports are provided in standard formats to ensure compatibility with other services and tools.

17. Third-Party Services

The Service may integrate with or link to third-party services, such as Google Photos. Your use of third-party services is subject to their respective terms of service and privacy policies.

We are not responsible for the availability, content, or practices of third-party services. Your interactions with third-party services are solely between you and the third party.

18. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including natural disasters, war, terrorism, internet failures, government actions, or other force majeure events.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms, and the remaining provisions will remain in full force and effect.

20. Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements or understandings.

22. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction.

In the event of a merger, acquisition, or sale of assets, we may transfer your information and these Terms to the acquiring entity, subject to the same privacy and data protection obligations.

23. Contact Information

If you have questions about these Terms, please contact us:

For legal matters, please address correspondence to the above email with "Legal" in the subject line.