Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 16.

1. Agreement to these Terms

These Terms and Conditions (the “Terms”) form a legally binding agreement between you and Treehouse App, LLC, a New Jersey limited liability company located at 3 Whitewater Ln, Egg Harbor Township, NJ 08234-7376, United States (“TreeHouse”, “we”, “our”, or “us”). The Terms govern your access to and use of the TreeHouse mobile application, this website, and all related services (the “Service”). By creating an account, downloading, installing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service you represent and warrant that you meet this age requirement, that you have the legal capacity to enter into these Terms (or, if you are a minor in your jurisdiction, that your parent or guardian has reviewed and accepted these Terms on your behalf), and that you are not barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.

3. Your account

You must provide accurate and complete information when creating an account and keep it up to date. You are responsible for all activity that occurs under your account, including for keeping your credentials confidential. You must notify us promptly at treehousefamilyapp@gmail.com of any unauthorized use of your account. You may only maintain one personal account, and you may not transfer your account to anyone else without our written consent.

4. Family groups, roles, and content

TreeHouse lets you create or join one or more family groups. Within a family, members may have the role of Owner, Editor, or Viewer, each with different permissions defined in the app. The Owner controls family membership and has the broadest permissions. Editors may add and modify content; Viewers may primarily view content. You are solely responsible for who you invite to your family and for the content you share with them. We are not responsible for the conduct of other family members or for any disputes between you and them.

5. License to use the Service

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the Service on devices that you own or control, solely for your personal, non-commercial use. All rights not expressly granted are reserved.

6. Your content and your license to us

You retain all ownership rights you have in the photos, videos, audio, family-tree entries, stories, comments, future messages, and any other content you upload, create, or share through the Service (your “User Content”). By submitting User Content to the Service, you grant TreeHouse a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, transmit, display, reproduce, modify (for example, to generate thumbnails and resized image variants), and back up your User Content solely for the purpose of operating, providing, and improving the Service for you and your family members. This license ends when you delete the User Content or your account, except to the extent retention is required for legitimate operational, legal, or security purposes (such as routine encrypted backups, which are purged within thirty (30) days of deletion).

You represent and warrant that (a) you own or have all necessary rights and permissions in your User Content, (b) your User Content does not infringe or violate any third party’s rights (including intellectual-property, privacy, and publicity rights), and (c) your User Content complies with these Terms and applicable law.

7. Acceptable use

You agree not to, and not to allow any third party to:

• Upload, post, or share content that is unlawful, defamatory, threatening, harassing, hateful, or that infringes intellectual-property, privacy, or publicity rights;
• Upload child sexual abuse material (“CSAM”) — we have a zero-tolerance policy and will report suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) and law enforcement as required by law;
• Impersonate another person or misrepresent your affiliation with any person or entity;
• Distribute viruses, malware, or any other harmful code, or attempt to disrupt or interfere with the Service;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent that such restriction is prohibited by applicable law;
• Scrape, crawl, or use automated means to access or extract data from the Service;
• Circumvent any security, rate-limiting, or access-control mechanism of the Service;
• Use the Service to send spam or unsolicited communications;
• Use the Service in violation of any applicable law, regulation, or third-party right.

We may, but are not obligated to, review, refuse, or remove User Content that we believe in good faith violates these Terms or is otherwise objectionable.

8. Subscriptions and payments

Certain features of the Service may require a paid subscription. Subscriptions are sold as in-app purchases through the Apple App Store or Google Play and are governed by Apple’s or Google’s respective terms of service in addition to these Terms.

• Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period through your Apple ID or Google Play account settings.
• Billing. Apple or Google charges your selected payment method. We do not receive or store your full payment-card details.
• Refunds. Refund requests are handled by Apple or Google according to their respective policies. We generally cannot issue refunds for purchases made through the App Store or Google Play.
• Price and feature changes. We may change subscription prices and features. If we increase the price of an active subscription, Apple or Google will provide notice and an opportunity to consent to the new price, as required by their policies and applicable law.
• Free trials and promotions. If we offer a free trial or promotional period, the subscription will convert into a paid subscription at the end of the trial unless you cancel beforehand.

9. Third-party services

The Service relies on third-party platforms and providers, including the Apple App Store, Google Play, mobile operating systems, and our infrastructure providers identified in the Privacy Policy. Your use of those third-party services is subject to their own terms, and we are not responsible for them.

10. Intellectual property

The Service, including its software, design, logos, branding, text, graphics, and underlying technology, is owned by TreeHouse or its licensors and is protected by intellectual-property laws. Except for the limited license granted in Section 5, these Terms do not transfer any rights in the Service to you. If you submit suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

11. Termination

You may stop using the Service and delete your account at any time from within the app or by contacting us at treehousefamilyapp@gmail.com. We may suspend or terminate your access to the Service, with or without notice, if (a) we reasonably believe you have violated these Terms or applicable law, (b) we are required to do so by law, (c) we discontinue the Service, or (d) your account remains inactive for an extended period. On termination, your right to use the Service ends immediately. Sections that by their nature should survive termination — including Sections 6 (license), 7 (acceptable use), 10 (intellectual property), 13 (disclaimers), 14 (limitation of liability), 15 (indemnification), 16 (dispute resolution), and 17 (governing law) — will survive.

12. Backups; no data-preservation guarantee

While we make reasonable efforts to preserve User Content, we are not a backup service. You are solely responsible for keeping your own copies of important photos, videos, and other content you upload to the Service.

13. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT USER CONTENT WILL BE PRESERVED OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY WARRANTY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TREEHOUSE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW (INCLUDING, FOR EXAMPLE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR NON-WAIVABLE STATUTORY RIGHTS OF CONSUMERS IN THE EEA, THE UK, OR OTHER APPLICABLE JURISDICTIONS).

15. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless TreeHouse and its affiliates and their respective officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your User Content, (b) your use of or access to the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

16. Dispute resolution — binding arbitration and class-action waiver

This Section 16 applies to disputes between you and TreeHouse. Please read it carefully. It requires you and TreeHouse to resolve most disputes through individual binding arbitration rather than in court.

16.1 Informal resolution. Before filing arbitration, you agree to first try to resolve the dispute informally by sending a written notice describing the dispute and the relief sought to treehousefamilyapp@gmail.com. We will try to resolve the dispute informally for at least 30 days after we receive the notice.

16.2 Binding arbitration. If the dispute is not resolved informally, you and TreeHouse agree that the dispute will be resolved exclusively by individual, binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted in English. The seat of arbitration is New Jersey, USA, although you may elect to participate by phone or video, and in-person hearings (if any) will be held in a location reasonably convenient to you. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class-action waiver. YOU AND TREEHOUSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this class-action waiver is found to be unenforceable, then the entirety of this Section 16 will be null and void, but the rest of the Terms will remain in effect.

16.4 Carve-outs. Either party may bring an individual action in small-claims court for disputes within that court’s jurisdiction; either party may seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property rights; and nothing in this Section 16 prevents either party from making good-faith reports to government agencies or from cooperating with their investigations.

16.5 30-day opt-out. You may opt out of this arbitration agreement by sending an email to treehousefamilyapp@gmail.com within 30 days of first accepting these Terms, including your name, the email address associated with your account, and a clear statement that you wish to opt out. If you opt out, neither you nor TreeHouse will be required to arbitrate disputes under this Section 16.

16.6 Consumers in the EEA, UK, and certain other jurisdictions. If you are a consumer ordinarily resident in the European Economic Area, the United Kingdom, or any other jurisdiction whose mandatory consumer-protection laws prohibit pre-dispute binding arbitration or class-action waivers in consumer contracts, the arbitration agreement and class-action waiver in this Section 16 do not apply to you, and you retain the right to bring proceedings in the courts of your country of residence under the mandatory consumer-protection laws of that country. Nothing in these Terms limits non-waivable statutory consumer rights.

17. Governing law and venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws principles, and, where applicable, the U.S. Federal Arbitration Act. For disputes not subject to arbitration under Section 16, the state and federal courts located in New Jersey will have exclusive jurisdiction, and you and TreeHouse consent to personal jurisdiction and venue in those courts. Nothing in this Section 17 deprives consumers of the protection of the mandatory laws of their country of residence.

18. Apple App Store additional terms

If you obtain the Service through the Apple App Store, the following additional terms apply, and in the event of a conflict with the rest of these Terms, the following terms will prevail with respect to your iOS use:

• These Terms are between you and TreeHouse only, and not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content.
• Your license to use the Service on iOS is limited to a non-transferable license to use the Service on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms.
• Apple has no obligation to provide maintenance or support for the Service.
• If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Service (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
• TreeHouse — not Apple — is responsible for addressing any claims by you or any third party relating to the Service or your use of it, including product-liability, regulatory-compliance, and intellectual-property claims, subject to these Terms.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with respect to your use of the Service on iOS, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19. Google Play additional terms

If you obtain the Service through Google Play, your use of the Service is also subject to the Google Play Terms of Service. In the event of a conflict between these Terms and the Google Play Terms of Service, the Google Play Terms of Service will prevail solely with respect to the distribution of the Service through Google Play.

20. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email before the changes take effect, and we will update the “Last updated” date above. If you do not agree to the updated Terms, you must stop using the Service and may close your account. Your continued use of the Service after the effective date constitutes acceptance.

21. Miscellaneous

These Terms (together with the Privacy Policy and any other policies referenced in them) are the entire agreement between you and TreeHouse regarding the Service and supersede any prior agreements. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any right or provision is not a waiver. You may not assign or transfer these Terms or your account without our prior written consent; we may assign these Terms to any affiliate or in connection with a merger, acquisition, financing, or sale of assets. Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control. You consent to receive notices and other communications from us electronically, and you agree that electronic communications satisfy any legal requirement that such communications be in writing.

22. Contact us

For questions about these Terms or any dispute notice required under Section 16, contact us at:

Treehouse App, LLC
3 Whitewater Ln
Egg Harbor Township, NJ 08234-7376
United States
treehousefamilyapp@gmail.com