An ordinary agreement, written in plain English before the legal language kicks in.
These Terms of Service (the “Terms”) form a binding agreement between you and Family Museum. By downloading, installing, or using the Family Museum iOS application (the “App”) or this website, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not install or use the App.
You must be at least 13 years old to use the App, or the age of digital consent in your country if that age is higher — in much of the European Union this is 16. If you are using Family Sharing to provide access to a minor, you are responsible for that minor’s compliance with these Terms.
The App uses your Apple ID and iCloud account to authenticate you and to sync your archive across your devices. You are responsible for keeping your Apple ID credentials secure. Family Museum does not hold or manage your Apple ID; that relationship is between you and Apple, Inc.
Subject to these Terms and to your continuing compliance with them, Family Museum grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on any Apple-branded device that you own or control, in accordance with the Usage Rules set out in the Apple Media Services Terms and Conditions.
You retain all rights, title, and interest in and to the audio recordings, transcripts, photos, names, relationships, memories, and other content you record or enter into the App (your “Content”).
When you share your Content with family members inside the App, you represent that you have the right to do so and that you have obtained any consents required by law from the people recorded.
You agree not to:
Laws governing the recording of conversations vary by country and by state. In the United States, some states require all-party consent; others require only one-party consent. You are solely responsible for obtaining any consent required by law from anyone whose voice, image, or likeness you record using the App.
Family Museum is designed for consensual, voluntary recordings among family members. The App is not intended for covert recording.
The App offers subscription plans (currently “Contributor” and “Keeper”). Subscriptions are sold through the Apple App Store, billed to the Apple ID associated with your device, and governed by Apple’s Auto-Renewable Subscription terms. Prices shown at the point of sale govern, and may vary by region.
Unless you cancel at least 24 hours before the end of the current period, your subscription will renew automatically for another period of the same length, charged to your Apple ID at the then-current rate. You can manage or cancel your subscription at any time in Settings → [your name] → Subscriptions on your Apple device.
We may offer a free trial to new subscribers. If you do not cancel before the trial ends, your subscription will convert to a paid subscription at the then-current rate and your Apple ID will be charged. Free trials are generally available once per Apple ID Family Sharing group.
Refund requests for purchases made through the App Store are handled by Apple, under Apple’s standard refund policy. You can request a refund at reportaproblem.apple.com. Because Family Museum does not process your payment, we cannot issue refunds directly.
Residents of jurisdictions that grant statutory withdrawal or refund rights (for example, the European Union’s 14-day right of withdrawal for distance contracts) retain those rights.
A Contributor or Keeper subscription may be shared with up to eight family members through Apple’s Family Sharing feature. Each member receives Listener-level access to the shared archive; only the subscriber may record new Content. You are responsible for the use of your subscription by members of your Family Sharing group.
The App, this website, and all related design, code, user interfaces, logos, typography choices, illustrations, and branding are the property of Family Museum or its licensors, and are protected by copyright, trademark, and other laws. Nothing in these Terms transfers any of those rights to you, except for the limited license granted in Section 5.
We may release updates to the App from time to time. Some updates may be required to continue using the App or to remain compatible with current versions of iOS. iOS controls how and when updates are delivered to your device.
We provide the App on an ongoing basis but do not guarantee that it will always be available, uninterrupted, or free from errors. iCloud availability, in particular, is Apple’s responsibility, not ours.
You may stop using the App at any time by deleting it from your devices and, if you wish, deleting the Family Museum data from your iCloud account.
We may suspend or terminate your access to paid features of the App if you materially breach these Terms, if required by law, or if continuing to provide the App becomes commercially unreasonable. Upon termination, Sections 6, 13, and 16 through 20 survive.
The App and this website are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that your recordings will remain indefinitely available in iCloud; that responsibility lies with Apple and with you. Nothing in these Terms is intended to exclude or limit any statutory warranty that cannot be excluded or limited under applicable law.
To the fullest extent permitted by law, Family Museum and its officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of data, loss of goodwill, or loss of profits, arising out of or related to your use of the App or this website, whether based on warranty, contract, tort, or any other legal theory.
Our total liability for any claim arising out of or related to these Terms or the App will not exceed the amount you paid to Family Museum in the twelve (12) months preceding the event that gave rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the limitations above may not apply to you.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Family Museum against any claim, loss, liability, or expense (including reasonable legal fees) brought by a third party arising out of your misuse of the App, your violation of these Terms, or your violation of any person’s rights — including recording a person without the consent required by law.
These Terms and any dispute arising out of them are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Nothing in this section deprives you of any protection you are entitled to under the mandatory law of your country of residence.
Any dispute arising out of or relating to these Terms or the App that cannot be resolved informally within 60 days of written notice will be resolved by binding individual arbitration seated in Harris County, Texas, administered by JAMS under its Streamlined Arbitration Rules. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
You and Family Museum each waive any right to a jury trial and any right to participate in a class action, class arbitration, or representative proceeding.
Residents of the European Economic Area, the United Kingdom, and Switzerland may bring proceedings in their local courts where required by law.
You and Family Museum acknowledge that these Terms form an agreement solely between you and Family Museum, and not with Apple, Inc. Apple is not responsible for the App or for its contents. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Apple is a third-party beneficiary of these Terms and may enforce them against you.
We may update these Terms from time to time. We will post the revised version in the App and on this page, and update the effective date at the top. Material changes affecting your rights will be announced inside the App. Your continued use of the App after the effective date of a change means you accept the updated Terms.
If any provision of these Terms is held unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Legal notices and questions about these Terms can be directed to the address below.