Terms of Service

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your use of the Legacy Heirloom website at mylegacyheirloom.com and the Legacy Heirloom application at app.mylegacyheirloom.com (collectively, the “Service”), operated by Legacy Heirloom (“we,” “us,” or “our”).

By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Service.

2. Description of Service

Legacy Heirloom is a digital vault for documenting meaningful personal belongings, preserving their stories, and recording your wishes for how those belongings should be passed on.

The Service allows you to:

• Create a vault to catalog personal property items with photos, descriptions, and stories
• Invite vault members to view and collaborate on vault contents
• Record which items you wish to leave to which vault members or other individuals
• Generate a Tangible Personal Property Memorandum (TPPM), a document that compiles your item records and assignment wishes

A Legacy Heirloom user can be associated with multiple vaults. You may be the owner of your own vault while also being a member of vaults created by others, with a different role in each.

What Legacy Heirloom Is Not

Legacy Heirloom does not provide legal advice, tax advice, or financial advice. The Service is a record-keeping and communication tool for families. It is not a substitute for professional estate planning.

The Tangible Personal Property Memorandum (TPPM) generated by the Service serves as evidentiary support of your wishes regarding your personal property. It is not a legal instrument and does not replace professional estate planning. An estate planning attorney can advise on how to make these wishes legally enforceable in your state.

3. Account Registration and Responsibilities

To use the Service, you must create an account through our authentication provider, Clerk. When creating your account, you agree to:

• Provide accurate and complete information, including your name, email address, and date of birth
• Keep your login credentials secure and not share them with others
• Notify us immediately if you believe your account has been compromised
• Be responsible for all activity that occurs under your account

Upon creating an account, a default vault is automatically created for you.

4. Vault Ownership, Membership, and Roles

Access levels are assigned per vault and may differ across the vaults you belong to.

Vault Ownership

The person who creates a vault is its Owner. Owners have full control over their vault, including the ability to:

• Add and remove vault members
• Set each member's access level
• Create, edit, and delete items
• Record item assignments (inheritance wishes)
• Generate TPPM reports
• Download an audit trail report of all vault activity
• Manage payments
• Manage vault-level settings

Access Levels

Members can be invited to join the vault at the following access levels:

• Owner / Co-Owner: Full access to manage the vault, including items, members, assignments, reports, payments, and vault settings
• Contributor: Add, edit, and organize items, add vault members, and record item assignments in the vault
• Commenter: Add comments, memories, and reactions to items in the vault
• View-Only: Browse and view all items in the vault

Access levels are cumulative. Each level includes all capabilities of the levels below it.

Items can be assigned for inheritance to any member, regardless of their access level. Only vault owners and co-owners can generate and download the TPPM report and audit trail report.

Adding Members

Users with permission to add vault members may do so by providing a member's name, date of birth, relationship, and optionally their email address. If an email address is provided, the user who added them may choose to send an invitation email to create their own account and access the vault.

By entering this information, the user represents that they have the authority to provide it for estate planning purposes.

Removing Members

Only vault owners may remove a member from a vault. Removing a member from a vault revokes their access to that vault. It does not delete their Legacy Heirloom account. All items previously assigned to a removed member will be unassigned automatically. A record of prior assignments is retained in the vault's audit log in the event the removal needs to be reversed.

5. User-Generated Content and Licensing

Your Content

You retain full ownership of all content you upload or create through the Service, including photos, videos, audio recordings, documents, item descriptions, stories, comments, and any other materials (“Your Content”).

License to Legacy Heirloom

By uploading or creating content through the Service, you grant Legacy Heirloom a limited, non-exclusive, worldwide license to store, display, process, and transmit Your Content solely for the purpose of providing the Service to you and your vault members. This includes:

• Storing files in our cloud storage infrastructure
• Generating thumbnails and previews of your media
• Displaying content to authorized vault members through the application
• Including content in TPPM reports that you generate
• Sending audio recordings to our transcription provider for conversion to text

This license continues for as long as Your Content remains in the Service. When you delete content (subject to our data retention practices described in the Privacy Policy) or your content is otherwise removed from the Service, this license ends.

Your Representations

By uploading content, you represent that:

• You own the content or have the right to upload it
• Your content does not infringe on the intellectual property rights of any third party
• Your content does not contain anything illegal, harmful, or fraudulent

If any of these representations prove false, you are solely responsible for any resulting claims, damages, or costs, including those incurred by Legacy Heirloom.

6. Subscriptions and Billing

Subscriptions are managed at the vault level. Only the vault owner needs a subscription. Vault members can access and collaborate on a vault without their own subscription.

Free Tier

Every vault includes a free tier that allows you to:

• Document up to 5 items with photos, descriptions, and stories
• Invite vault members to your vault
• Record item assignments (inheritance wishes)

The free tier does not include PDF report generation (TPPM downloads).

Paid Subscription

To add a 6th item to your vault or to generate TPPM reports, a paid subscription is required. The current subscription price is $79 per year per vault.

Payment Processing

Payments are processed by Stripe. Legacy Heirloom does not store your credit card number or payment card details. By subscribing, you agree to Stripe's terms of service for payment processing.

Auto-Renewal

Subscriptions renew automatically on an annual basis. You will receive an email notification 30 days before your renewal date as a reminder. You will be charged the current subscription price at the time of renewal, unless you cancel before your renewal date.

Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You will continue to have full access to your vault and all paid features through the end of your current billing period
• Your subscription will not renew at the end of the current period
• After the billing period ends, your vault will enter an inactive state

Inactive Vaults

When a subscription lapses or is not renewed, the vault enters an inactive state. In this state:

• Your data is preserved and is not deleted
• Access to vault content is restricted
• Any vault member may purchase a subscription to reactivate the vault

No Refunds

Subscription fees are non-refundable. If you cancel your subscription, you will retain access through the end of your paid billing period, but no partial refund will be issued.

7. Tangible Personal Property Memorandum (TPPM)

The TPPM is a PDF document generated by the Service that compiles your item records, assignments, and instructions into a memorandum.

Legal Status of the TPPM

The TPPM serves as evidentiary support of your wishes regarding your personal property. It is not a legal instrument and does not replace professional estate planning. An estate planning attorney can advise on how to make these wishes legally enforceable in your state.

The most recent version of your TPPM supersedes all prior versions.

No Legal Guarantees

Legacy Heirloom makes no representation or warranty regarding:

• The legal enforceability of the TPPM in any jurisdiction
• Whether the TPPM meets the requirements of any state's laws regarding tangible personal property memorandums
• Whether the assignments recorded in the TPPM will be honored by courts, executors, or other individuals

The assignments recorded in the Service represent your stated wishes. They do not constitute a binding legal obligation unless separately made enforceable under applicable law.

Your Responsibility

You are solely responsible for:

• Consulting with a licensed estate planning attorney about how to make your wishes legally enforceable
• Ensuring your TPPM is properly referenced in your will or trust if required by your state
• Keeping your records accurate and up to date
• Providing the TPPM to your attorney, executor, or relevant parties as appropriate

Legacy Heirloom is a record-keeping service. We have no responsibility for the physical condition, maintenance, storage, insurance, valuation, or disposition of any personal property items documented in the Service. Our obligations are limited to maintaining the digital records you create.

8. Future Features

Legacy Heirloom may introduce additional features over time. These Terms will be updated to reflect any new functionality as it becomes available.

9. Acceptable Use

You agree to use the Service only for its intended purpose: personal family estate documentation and communication. You agree not to:

• Upload content that infringes on the intellectual property rights of others
• Upload illegal, harmful, threatening, or fraudulent content
• Misrepresent your identity or your relationship to other vault members
• Enter deliberately false information about item assignments or bequest wishes with the intent to deceive other vault members
• Attempt to access vaults you are not a member of
• Attempt to circumvent access controls or exploit security vulnerabilities
• Use the Service to harass, abuse, or harm other users
• Use the Service for any commercial purpose other than personal estate documentation
• Use automated tools, bots, or scrapers to access the Service

We reserve the right to suspend or terminate accounts that violate these terms.

Legacy Heirloom is not responsible for how vault members use information they access through the Service. You are responsible for who you invite to your vault and the access level you grant them.

10. Audit Trail and Activity Logging

The Service maintains an immutable audit trail of significant actions taken within each vault. This includes actions such as adding or editing items, changing access, inviting or removing members, uploading media, and generating reports.

By using the Service, you acknowledge and consent to the following:

• All significant actions within a vault are recorded automatically
• Audit logs include the identity of the user who performed each action and when it occurred
• Audit logs are append-only and cannot be modified or deleted by any user, including vault owners
• Audit logs retain full user identity even after account closure
• Audit log entries include integrity verification (cryptographic hashing)

This logging exists to support transparency within families, and maintain a reliable, tamper-proof record of all activity over time.

Vault owners may download a copy of the audit trail as a report at any time.

11. Intellectual Property

The Legacy Heirloom name, logo, design, software, and all associated materials are the property of Legacy Heirloom and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any part of the Service without our prior written consent.

Your Content remains your property, as described in Section 5.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• Legacy Heirloom is not liable for any family disputes, inheritance disagreements, or legal challenges arising from the use of the Service or the interpretation of TPPM content
• Legacy Heirloom is not liable for the legal enforceability or lack thereof of any TPPM, assignment, or document generated through the Service
• Legacy Heirloom is not liable for any decisions made by you or other vault members based on information in the Service
• Legacy Heirloom is not liable for data loss due to circumstances beyond our reasonable control, though we employ industry-standard data protection measures

In no event shall Legacy Heirloom's total aggregate liability to you for all claims arising out of or related to the Service exceed the amount you have paid to Legacy Heirloom in the twelve (12) months immediately preceding the event giving rise to the claim.

In no event shall Legacy Heirloom be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, or emotional distress, regardless of whether we have been advised of the possibility of such damages.

13. Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied.

Without limiting the foregoing, Legacy Heirloom does not warrant that:

• The Service will be available at all times, uninterrupted, or error-free
• The Service will meet your specific requirements
• Any document generated by the Service (including the TPPM) is legally valid, enforceable, or sufficient for estate planning purposes in any jurisdiction
• The use of the Service will prevent family disputes or ensure the smooth distribution of personal property
• The Service complies with the estate planning laws of any particular jurisdiction

You use the Service at your own risk and are solely responsible for consulting with qualified legal professionals regarding your estate planning needs.

14. Indemnification

You agree to indemnify, defend, and hold harmless Legacy Heirloom, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your Content or any content you upload to the Service
• Disputes among vault members or other individuals
• Reliance on the TPPM or any document generated by the Service as a legal instrument
• Your violation of these Terms
• Your misuse of the Service

15. Account Termination

By You

You may cancel your subscription at any time as described in Section 6.

By Us

We may suspend or terminate your access to the Service if you violate these Terms, engage in fraudulent activity, or use the Service in a way that harms other users or the Service itself. We will make reasonable efforts to notify you before termination, except where we believe immediate action is necessary to protect other users or the Service.

Effect of Termination

Upon termination of your access to the Service:

• Your ability to log in and interact with the Service is revoked
• Your member record is retained so that vault assignments and estate records that reference you remain intact
• If you are the sole owner of a vault, that vault will enter an inactive state and remain accessible to other vault members until ownership is otherwise resolved
• Audit logs retain your identity as described in Section 10
• Data retention follows our Privacy Policy

16. Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Informal Resolution

Before filing any formal legal proceeding, you agree to first contact us at support@mylegacyheirloom.com to attempt to resolve the dispute informally.

Between Vault Members

Legacy Heirloom is not a party to and is not responsible for resolving disputes between vault members or other individuals. Disagreements about item assignments, inheritance wishes, or vault management are between the individuals involved. The audit trail described in Section 10 may be used by vault members as a factual record, but Legacy Heirloom does not adjudicate or mediate such disputes.

17. Changes to These Terms

We may update these Terms from time to time. When we make changes, we will update the “Last Updated” date at the top of these Terms.

If we make material changes, we will notify you by email or through a notice within the Service before the changes take effect.

Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms. If you do not agree with the changes, you should stop using the Service and close your account through your account settings.

18. Miscellaneous

• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Legacy Heirloom regarding the Service and supersede all prior agreements
• Assignment: Legacy Heirloom may assign its rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights under these Terms without our prior written consent
• Waiver: The failure of Legacy Heirloom to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision

19. Contact Us

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

Email: support@mylegacyheirloom.com