Acceptance of Terms
By creating an account or using Our Years Together (the "Service"), you agree to these Terms of Service and to our Privacy Policy. If you do not agree, please do not use the Service.
Description of Service
Our Years Together is a software-as-a-service (SaaS) product that lets you create a private, ongoing video diary for your child; upload videos and photos to it over time; invite trusted contributors to upload videos and photos to it; and eventually gift the completed collection to that child later in life.
Eligibility and Account Registration
In order to create a video diary, you must be at least 18 years old, and a parent or legal guardian of the child a diary is created for. To contribute to another diary you must be a person that the diary owner intended to invite to contribute to the diary. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
Copyrights, Ownership and Licensing
We make no claim to copyright or any other intellectual property right to content uploaded by our users. You warrant that you have appropriate rights to any content uploaded to our service, and indemnify Our Years Together LLC, its members, owners, and managers against any copyright or other intellectual property claims regarding uploaded content.
You retain full ownership of every video, photo, and caption you upload ("Your Content").
You grant Our Years Together, LLC a nonexclusive, worldwide, royalty-free, sublicenseable and transferable perpetual license to store, encrypt, back up, and display any material you upload to our service, solely for the purpose of operating the Service. We will never use Your Content for advertising, to train AI models, or for any purpose you have not authorized.
Authorized Use
You agree not to use the Service to:
Contributors and Shared Access
As the account holder, you may invite other people (such as family members, teachers, or coaches) to contribute content to a diary. You are responsible for choosing who to invite, and you may review or remove contributions and revoke access at any time. Contributors do not gain ownership over Your Content by contributing to your diary.
Subscriptions, Billing, Cancellations, and Refunds
In order to maintain a video diary after the initial free trial period, a paid subscription is required. Subscriptions may be purchased on a monthly or annual basis and will automatically renew at the end of the subscription period. You may cancel your subscription at any time. Cancelling a subscription will stop future billing and the account will remain active until the cancellation date, which will be the next scheduled billing date after the subscription is cancelled.
Should your payment be declined or otherwise fail to process on your subscription renewal date, we may immediately cancel your account.
See the section entitled "Your Content After Cancellation" for details on how we manage user content after an account has been cancelled.
Refunds may be requested within the first 30 days of an annual subscription's billing date. Monthly subscriptions are not eligible for refunds. Request a refund by emailing support@ouryearstogether.com.
You may cancel your account at any time by using the "Delete Account" button on the User Profile page in the mobile app or web app, or by emailing us at support@ouryearstogether.com
Your Content After Cancellation
We reserve the right to delete any user content in video diaries that belong to cancelled accounts. If you wish to obtain a copy of uploaded content prior to cancelling your account, you should "deliver" the video diary (you may deliver it to yourself) and use the download link provided to you to make a local copy of the video diary on computer equipment that you own prior to cancelling the account.
We may, at our option, retain copies of user uploaded content in video diaries that belong to cancelled accounts for a period of time. If you renew your subscription your video diaries, any diaries and retained content will be restored to your account.
Termination
We may suspend or terminate an account that violates these Terms, with notice where reasonably possible. If Our Years Together ever discontinues the Service entirely, affected users will receive advance notice (minimum 6 months) and tools to export their full collection before any data is deleted.
Intellectual Property
Other than Your Content, the Service — including its design, text, graphics, and underlying software — is owned by Our Years Together, LLC and protected by intellectual property laws. You may not copy, modify, or reverse-engineer any part of the Service except as permitted by law.
Expectation of Privacy
In general, no employee, contractor, or agent of Our Years Together, LLC will view material you upload to our service. We may from time to time decrypt and view uploaded content to ensure reliability of the service and to test or develop new features. In no case will Our Years Together, LLC share user generated content with outside parties except as required by law or by the terms of the "Abuse" section of this document.
Our Years Together, LLC will cooperate with law enforcement and provide decrypted versions of user uploaded content when compelled to do so by a competent court of law.
Abuse
User accounts that show signals of abuse, including uploading unusually large numbers of files, may cause us to decrypt and review uploaded content to ensure the account is being used in accordance with this Terms of Service document. Accounts found to violate this document may be terminated by us at our sole discretion.
Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify account holders by email and update the "Last updated" date above before the changes take effect.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR YEARS TOGETHER, LLC, ITS EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF OUR PROUDCTS, THE INTENTIONAL OR UNINTENTIONAL BEHAVIOR OF SUCH PRODUCTS, OR MISSING, CORRUPTED, OR DELETED DATA, WHETHER BASED ON WARRANTY, TORT, CONTRACT, OR ANY OTHER LEGAL THEORY. DESPITE THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST US WILL AT ALL TIMES BE LIMITED TO NO MORE THAN THE LESSER OF $100 U.S. OR THE TOTAL AMOUNT PAID BY YOU TO US FOR OUR SERVICES IN THE 12 MONTH PERIOD PRECEDING YOUR ACTION AGAINST US.
Governing Law and Jurisdiction
This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or its formation shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute arising under or in relation to this Agreement shall be resolved in a competent court in Tarrant County, Texas.
Data Telemetry
The web application, Android app, and Apple iOS app capture data regarding user interactions, which may include screen recordings. These metrics and recordings may be sent to a third party service to allow us to understand how our products are used so that we may improve our services. You expressly consent to this telemetry when you use our applications.
Severability
If any part, term or provision of this Agreement is held to be illegal, in conflict with any law or otherwise invalid, the remaining portion or portions shall be considered severable and not be affected by such determination, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be illegal or invalid.
Questions about these terms may be addressed to us via email at support@ouryearstogether.com or by postal mail at:
Our Years Together, LLC
5900 Balcones Dr. #25436
Austin, TX 78731