Terms of Use

Introduction

Ourtifacts (“Ourtifacts,” “we,” “us,” or “our”) is a product of JMB Innovations LLC, a Nevada limited liability company. We provide a private, collaborative family memory-keeping platform accessible via ourtifacts.com and its associated progressive web application, together with any related features, content, and applications we may offer from time to time (collectively, the “Services”). The Services let a parent or family member create a private “Memory Vault” centered on a child, invite loved ones to contribute voice notes, photos, videos, and written stories, and automatically transcribe voice memories and turn them into keepsakes, along with tools to organize, search, and share those memories privately. By accessing or using the Services, you agree to be bound by these Terms of Use (the “Terms”). Please review them carefully before using our Services.

Beta Services

The Services are currently offered as an open beta. This means features may be incomplete, may change, or may be added or removed at any time, and the Services may contain bugs or experience interruptions. The Services are provided on an “as is” and “as available” basis during the beta period (and thereafter, as described in these Terms), and we may modify, suspend, or discontinue all or part of the Services at any time without liability to you. While we take care to protect your memories, you are encouraged to keep your own copies of anything important; you can export your vault at any time.

Eligibility

The Services are for adults. You must be at least 18 years old and legally able to enter into contracts in your jurisdiction to create an account or contribute to a vault. A person who creates a vault about a child represents that they are the child's parent or legal guardian, or that they otherwise have the authority and permission necessary to create the vault and add information about the child. We do not permit children to create their own accounts or to use the Services independently.

1. Use of Services

Ourtifacts grants you a limited, revocable, non-exclusive, non-assignable right and license to access and use the Services subject to these Terms. We reserve the right to suspend or revoke access at any time, with or without notice, for any reason, including violation of these Terms. No implied licenses exist beyond what is explicitly stated here.

2. User Content and Your Family Vault

You hold complete responsibility for the recordings, photos, videos, written notes, transcripts, comments, and any other content you create or provide through the Services (“User Content”). You represent that you have all necessary rights to your User Content, including the right to record any voices or conversations captured, the right to capture, upload, and share any photographs or videos (including images of other people), and the right to share information about your child and other family members. You are solely responsible for complying with applicable recording-consent, image, and privacy laws in your jurisdiction.

Ourtifacts is collaborative. As a custodian, you decide whom to invite to your vault and what access to grant them (for example, a co-parent with full access, a contributor who can add memories, or a view-only member), and you may restrict individual memories to a chosen audience. You are responsible for the people you invite and for managing their access. Contributors are responsible for the content they add and must have the right to share it. Please invite only people you trust with your family's memories.

You retain ownership of your User Content. You grant Ourtifacts a non-exclusive, worldwide, royalty-free license to store, process, transfer, and display your User Content solely as necessary to deliver the Services you request. This includes sending your audio and transcripts to our transcription and AI providers to produce the transcripts and keepsakes you request, and making memories available to the family members you invite.

You agree to defend, indemnify, and hold harmless Ourtifacts and JMB Innovations LLC, and their respective owners, officers, and contractors, from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Services, or your violation of these Terms or any law or third-party right.

3. AI-Generated Content

The Services use artificial intelligence (including OpenAI's transcription models for transcription and Anthropic's Claude models for turning memories into keepsake stories and powering related features) to process the recordings and content you provide. We may change or add AI and transcription providers over time. We do not use your audio to create voiceprints, or your photos or videos for facial recognition or any other biometric identifier. You acknowledge that:

• Transcripts and AI-generated content may contain errors, inaccuracies, or misheard words. You are responsible for reviewing them, and you can edit them at any time.
• Ourtifacts makes no representations about the accuracy, completeness, or suitability of AI-generated content for any particular purpose.
• You should not rely on AI-generated content as professional advice (legal, medical, financial, or otherwise). Always consult qualified professionals for important decisions.
• Ourtifacts uses your inputs solely to deliver the requested features. We do not use your content to train our own models, and our providers do not use it to train theirs.

4. Third-Party Authentication

You may choose to sign in using third-party authentication providers such as Google, Apple, or others supported by our authentication partner (Clerk). By doing so, you authorize Ourtifacts to access limited information from the third-party provider per their privacy policy and your settings with them.

5. Third-Party Services Disclaimer

Ourtifacts is not responsible for third-party services, including our authentication provider (Clerk), transcription provider (OpenAI), AI provider (Anthropic), hosting provider (Railway), storage and video provider (Cloudflare), email provider (Resend), analytics provider (PostHog), error-monitoring provider (Sentry), or any external websites or resources our content may link to. You must review these providers' separate terms and privacy policies. We bear no responsibility for their accuracy, availability, reliability, or compliance practices.

6. Prohibited Practices

You agree not to:

• Record any person or conversation, or capture or upload images of any person, without the consent required by applicable law
• Add content about a child or any other person without the right and authority to do so
• Infringe intellectual property rights of others
• Violate any applicable laws or regulations
• Upload or generate harmful, fraudulent, deceptive, threatening, harassing, defamatory, or obscene content
• Use the Services to store or share content promoting violence, illegal activity, or harm to others
• Compromise account security or attempt to access other users' or families' accounts or vaults
• Invite people to a vault, or share vault access, in a way that exposes another person's information without authorization
• Attempt to bypass rate limits or usage quotas
• Send spam or unsolicited communications through the Services
• Use robots, spiders, scrapers, or crawlers to collect content from the Site
• Reverse engineer, decompile, or attempt to derive source code
• Impersonate others or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Services

Violations may result in immediate termination of your account without notice.

7. Pricing

The Services are currently provided free of charge during the beta. We may introduce paid plans or features in the future. If we do, we will provide notice and any applicable terms before charging you, and your continued use of paid features will constitute acceptance of those terms.

8. Modification of Terms

Ourtifacts may modify these Terms at any time by posting updated versions with new effective dates on the Site or via email or in-app notifications. Your continued use of the Services after updates constitutes acceptance of the revised Terms.

9. Feedback

If you provide feedback, suggestions, ideas, or comments about the Services, you grant Ourtifacts a non-exclusive, royalty-free, fully paid, sub-licensable, transferable, irrevocable, perpetual, worldwide right and license to use such feedback for any purpose, provided that we do not identify you personally in connection with it.

10. Warranty Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED BY OURTIFACTS ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Ourtifacts disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, suitability, accuracy, and non-infringement. We make no representations that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, that your content will be preserved without loss, or that transcripts or AI-generated content will be accurate or complete.

Ourtifacts is a personal memory-keeping tool. The Services are not a substitute for qualified legal, medical, financial, or other professional advice, nor for your own backups of important content.

11. Limitation of Liability

Exclusion of Consequential Damages: To the fullest extent permitted by law, neither party shall be liable for special, incidental, indirect, or consequential damages, including lost business, revenue, profits, goodwill, or data.

Damage Caps:Ourtifacts's aggregate liability shall not exceed $500 or the fees you paid to Ourtifacts in the preceding twelve months, whichever is greater. Ourtifacts bears no liability for third-party acts or omissions.

These limitations are fundamental to the agreement and apply to the fullest extent permitted by law.

12. Termination

Either party may terminate this agreement at any time. You may terminate by discontinuing use of the Services and deleting your account. Ourtifacts may terminate by blocking access or providing notice. Provisions that by their nature should survive termination (including intellectual property rights, warranty disclaimers, limitations of liability, and dispute resolution) will remain effective.

13. Independent Contractors

The parties maintain an independent contractor relationship. Neither party can bind the other or incur obligations on its behalf.

14. Force Majeure

Performance obligations (except payment) are excused if prevented by causes beyond reasonable control, including acts of God, civil or military authority, riots, war, strikes, pandemics, or infrastructure outages. The affected party must resume performance as soon as reasonably possible.

15. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Nevada, without regard to conflict of laws principles.

Informal Resolution Required: Before filing any formal proceeding, the parties agree to first attempt to resolve the dispute informally by contacting each other in good faith. If unresolved after 60 days, disputes proceed to binding arbitration.

Arbitration Terms:The American Arbitration Association's Consumer Arbitration Rules apply. One arbitrator presides in English. Awards are final and binding, enforceable in any competent court.

Right to Opt Out of Arbitration: You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating your name and that you decline arbitration. Opting out of arbitration does not affect any other provision of these Terms.

Exceptions: This provision does not prevent either party from seeking preliminary injunctions or equitable relief, nor does it prevent users from pursuing small claims court actions in their home county.

Class Action Waiver: Disputes must be resolved individually, not as part of any class action, collective action, or representative proceeding.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ourtifacts regarding the Services and supersede any prior agreements on that subject.

Severability: If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets, without restriction.

Notices: We may provide notices to you via the Services, the email associated with your account, or by posting to the Site. You may provide notice to us at [email protected].

Contact

These Services are operated by JMB Innovations LLC, a Nevada limited liability company. Questions about these Terms? Contact us at [email protected].