Terms of Service

EverJoy Terms of Service

Effective Date: July 1, 2026
Last Updated: July 2026
Version: 2026-07
Entity: EverJoy Memory LLC, a [TODO: State of incorporation — confirm with counsel] LLC ("EverJoy," "we," "us," or "our")

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1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and EverJoy governing your access to and use of the EverJoy platform at myeverjoy.com and all related websites, applications, APIs, and services (collectively, the "Service").

The Service is The AI-Powered Student Growth Cloud — a platform enabling parents and legal guardians to preserve childhood memories, track student growth from Pre-K through graduation, create Personalized Yearbooks, and—at participating schools—receive scanned student work through the Partner Capture Network.

By creating an account, clicking "I agree," completing onboarding, or using the Service, you agree to:

• These Terms
• Our Privacy Policy (Version 2026-07)
• Our Cookie Policy
• Our Children's Privacy Notice (COPPA)
• Any additional consents presented during onboarding (child data storage, AI processing)
• Supplemental terms for specific features (Student ID Booklets, Family Circle, billing)

If you do not agree, do not use the Service.

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2. Eligibility and Account Registration

2.1 Age and Authority

You must be:

• At least 18 years old (or the age of majority in your jurisdiction)
• The parent or legal guardian of each child whose information you add to the Service
• Legally authorized to upload, manage, and consent to processing of each child's content

You represent and warrant that all information you provide is accurate and that you have authority to bind yourself and, where applicable, your family to these Terms.

2.2 No Child Accounts

Children do not create EverJoy accounts or log into the Service independently. All Child Profiles are parent-directed. This design supports compliance with the Children's Online Privacy Protection Act (COPPA).

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity occurring under your account
• Notifying us immediately of unauthorized access at security@myeverjoy.com

We may suspend accounts showing suspicious activity.

2.4 One Account Per Family

Accounts are organized by family unit. Co-parents may share access through Family Circle invitations. You may not create multiple accounts to circumvent subscription limits or trial restrictions.

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3. Description of Service

3.1 Core Features

EverJoy provides:

3.2 Partner Capture Network

At EverJoy Partner schools, certified Capture Partners scan student work onsite using Student ID Booklets containing unique QR/barcode labels. Key principles:

• Student identity is determined only through label scan—not handwriting or OCR
• Student names are never printed on labels
• Parents activate Child Profiles against school rosters using date-of-birth verification
• Capture requires school authorization (capture_authorized) and parent booklet enrollment

3.3 Student ID Booklets

Parents at partner schools may choose:

• Print-at-home labels: Free sample sheet (30 labels per Avery page)
• Professional booklet: $9.99 one-time initial fee (~300–500 labels); $4.99 replacement

Booklet fees are processed through Stripe when one-time payments are enabled.

3.4 AI Features

When AI features are enabled, parent or guardian consent is required before the family dashboard can be used. Those features may include classification, text extraction, summaries, growth insights, yearbook suggestions, and achievement detection. EverJoy currently uses OpenAI for certain of this processing. Details are in the AI Usage & Transparency Policy.

3.5 Service Availability

We strive for high availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue features with reasonable notice where practicable. Beta features may be labeled as such and subject to additional terms.

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4. Your Content

4.1 Ownership

You retain ownership of all photos, documents, notes, and other materials you upload or authorize for capture ("Your Content"). EverJoy does not claim ownership of Your Content.

For content captured through the Partner Capture Network at your authorized school, you retain ownership subject to your authorization via Student ID Booklet enrollment and school agreement.

4.2 License to EverJoy

You grant EverJoy a limited, non-exclusive, worldwide, royalty-free license to:

• Store, reproduce, and display Your Content within the Service
• Process Your Content to provide features you enable (including AI with consent)
• Generate derivative works (summaries, classifications, yearbook layouts) solely to operate the Service
• Transmit Your Content to subprocessors listed in our Privacy Policy
• Create anonymized, aggregated data for Service improvement

This license terminates when you delete Your Content or close your account, except where retention is required by law or our Data Retention Policy.

4.3 Your Responsibilities

You represent and warrant that:

• You have all necessary rights to upload and share Your Content
• Your Content does not infringe third-party intellectual property, privacy, or publicity rights
• Your Content complies with these Terms and applicable law
• You have obtained any necessary permissions from schools, teachers, or other individuals depicted in Your Content

4.4 Content Review

You are responsible for reviewing all content—including AI-generated summaries and recommendations—before sharing externally or printing. AI outputs may contain errors.

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5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service to:

• Preserve and organize childhood memories for your children
• Share content with Family Circle members you invite
• Generate Personal Yearbooks for personal, non-commercial use
• Participate in partner school capture programs with proper authorization

5.2 Prohibited Uses

You may not:

• Upload unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene content
• Upload content depicting child abuse, exploitation, or non-consensual imagery
• Infringe intellectual property, privacy, or other rights of any person
• Impersonate any person or entity
• Attempt to gain unauthorized access to the Service, other accounts, or school roster data
• Reverse engineer, decompile, or disassemble the Service except as permitted by law
• Use automated means (bots, scrapers) to access the Service without authorization
• Circumvent subscription limits, trial restrictions, or security controls
• Use the Service for commercial purposes without written authorization
• Upload malware, viruses, or harmful code
• Interfere with or disrupt the Service or servers
• Use AI outputs to make decisions about a child's education, health, or legal status without human review
• Resell, sublicense, or redistribute Service access or content

5.3 Enforcement

We may investigate violations and take action including:

• Removing content
• Suspending or terminating accounts
• Reporting unlawful activity to law enforcement
• Pursuing legal remedies

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6. Subscriptions and Billing

6.1 Subscription Plans

All plans include Growth Timeline and digital Personalized Yearbook features. Premium includes premium yearbook themes.

6.2 Free Trial

New accounts receive a 14-day free trial with:

• 1 Child Profile
• 10 Memory upload limit
• 1 GB storage
• Access to the family dashboard. When AI features are enabled, AI consent is required before that dashboard can be used.

At trial end, you must subscribe to a paid plan to continue uploading. Existing content remains accessible subject to plan entitlements.

6.3 Billing and Auto-Renewal

• Subscriptions are billed monthly through Stripe
• Subscriptions automatically renew until canceled
• You authorize recurring charges to your payment method
• Price changes will be communicated at least 30 days in advance

6.4 Cancellation and Refunds

• Cancel anytime through Settings or Stripe Customer Portal
• Cancellation takes effect at end of current billing period
• No refunds for partial months except as required by law or our refund policy
• California residents: You may cancel within 3 days of initial subscription per applicable law

6.5 One-Time Fees

Student ID Booklet fees ($9.99 initial / $4.99 replacement) are non-refundable once production or shipping begins, except for defective products or as required by law.

6.6 Failed Payments

If payment fails, we may suspend access until payment is resolved. We will attempt to notify you before suspension.

6.7 Taxes

Prices exclude applicable taxes, which will be added at checkout where required.

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7. AI Features and Disclaimers

7.1 Consent Required

When AI features are enabled, AI processing requires applicable parent or guardian consent before the family dashboard can be used. How that consent is collected, and what it does not establish by itself, is described in the AI Usage & Transparency Policy.

7.2 AI Limitations

AI-generated content—including classifications, summaries, growth insights, and yearbook recommendations:

• Is provided for convenience and informational purposes only
• May contain errors, omissions, or inaccuracies
• Does not constitute educational, medical, psychological, or legal advice
• Should be reviewed by you before reliance or sharing

7.3 No Automated Decisions

EverJoy does not make automated decisions producing legal or similarly significant effects on children. AI outputs are suggestions for parent review.

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8. Family Circle and Sharing

8.1 Invitations

You may invite family members to view shared content. You control what is shared. Invited members must comply with these Terms.

8.2 Sharing Restrictions

Shared content must not be:

• Further distributed without your permission
• Used for commercial purposes
• Posted publicly without appropriate consent from depicted individuals

We may remove shared content that violates these Terms.

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9. Intellectual Property

9.1 EverJoy IP

The Service, including software, design, logos, trademarks, documentation, and proprietary algorithms, is owned by EverJoy and protected by intellectual property laws. You receive a limited, non-transferable license to use the Service as permitted by these Terms.

"EverJoy," "Student Growth Cloud," and associated logos are trademarks of EverJoy Memory LLC. You may not use our trademarks without written permission.

9.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant EverJoy a perpetual, irrevocable, royalty-free license to use such feedback without compensation or attribution.

9.3 Copyright Complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice to legal@myeverjoy.com including:

• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury that the information is accurate
• Your physical or electronic signature

We will respond in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512).

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10. Third-Party Services

The Service integrates with third parties including Supabase, Stripe, OpenAI, PostHog, and email providers. Your use of third-party services may be subject to their terms. EverJoy is not responsible for third-party services.

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11. School and Partner Relationships

11.1 Partner Schools

Partner school participation is governed by the School Agreement. Schools authorize capture and roster sharing through executed agreements managed in EverJoy's admin console.

11.2 Capture Partners

Capture Partners are independent contractors, not EverJoy employees. Partner conduct is governed by partner agreements and certification requirements.

11.3 Community Revenue Share

Partner schools and their PTAs may receive community revenue share (5% school / 5% PTA of applicable gross revenue) as described in partner school agreements. This does not affect parent subscription pricing.

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12. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy. Key points:

• We do not sell personal information
• Parents control Child Profile data
• You may request access, correction, export, or deletion
• Security measures include encryption, RLS, and audit logging

See Volume 4 for Security Policy and Data Retention Policy.

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13. Disclaimers

13.1 "As Is" Service

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, TITLE, AND NON-INFRINGEMENT.

13.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• AI outputs will be accurate or complete
• Stored content will be preserved indefinitely without backup limitations
• Partner capture will be available at all partner schools at all times

13.3 Educational Disclaimer

EverJoy is a memory preservation and growth tracking tool, not a school official record system. It is not a substitute for official school records, transcripts, or educational evaluations.

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14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• EVERJOY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES
• OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID TO EVERJOY IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100)

Some jurisdictions do not allow limitation of liability for certain damages; in such cases, our liability is limited to the maximum extent permitted by law.

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15. Indemnification

You agree to indemnify, defend, and hold harmless EverJoy and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any third-party rights
• Any claim that Your Content caused harm to a third party

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16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@myeverjoy.com and attempt to resolve the dispute informally for at least 30 days.

16.2 Binding Arbitration

Except for disputes qualifying for small claims court or injunctive relief for intellectual property, you and EverJoy agree that disputes shall be resolved by binding arbitration administered by JAMS under its applicable rules.

• Location: California or remotely
• Class action waiver: You agree to resolve disputes individually, not as part of a class, consolidated, or representative action
• Opt-out: You may opt out of arbitration within 30 days of account creation by emailing legal@myeverjoy.com with subject "Arbitration Opt-Out"

16.3 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles, except where preempted by federal law.

16.4 Venue

For disputes not subject to arbitration, you consent to exclusive jurisdiction in state and federal courts located in California.

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17. Termination

17.1 By You

You may terminate your account at any time through Settings or by contacting support@myeverjoy.com. Termination is subject to our Data Retention Policy (30-day cooling-off for account deletion).

17.2 By EverJoy

We may suspend or terminate your account if you:

• Violate these Terms
• Fail to pay subscription fees
• Engage in fraudulent or illegal activity
• Create risk or legal exposure for EverJoy

We will provide notice where practicable except for serious violations requiring immediate action.

17.3 Effect of Termination

Upon termination:

• Your license to use the Service ends
• You may request export of Your Content before deletion (subject to applicable law)
• We will delete or anonymize data per our Data Retention Policy
• Provisions that by nature should survive (IP, disclaimers, liability limits, dispute resolution) survive termination

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18. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or in-app notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance unless re-consent is required.

When Terms change, we update consent version and may require acceptance at /re-consent.

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19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Children's Privacy Notice, and consents you accept, constitute the entire agreement between you and EverJoy.

19.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

19.3 Waiver

Failure to enforce any provision is not a waiver of that provision.

19.4 Assignment

You may not assign these Terms without our consent. We may assign our rights in connection with a merger or acquisition.

19.5 Force Majeure

EverJoy is not liable for delays or failures due to circumstances beyond reasonable control (natural disasters, war, pandemics, internet outages, third-party service failures).

19.6 Notices

We may provide notices via email to your registered address or through the Service. You may provide notices to legal@myeverjoy.com.

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20. Accessibility

We are committed to accessibility. If you experience barriers accessing the Service or these Terms, contact support@myeverjoy.com for assistance.

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21. Contact

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Schedule A: Subscription and Billing Terms (Detailed)

A.1 Plan Comparison

A.2 Free Trial Terms

• Duration: 14 days from account creation
• Child profiles: 1
• Memory limit: 10 uploads during trial
• Storage: 1 GB
• Features: Family dashboard access. When AI features are enabled, AI consent is required before that dashboard can be used.
• Conversion: At trial end, subscribe to continue uploading; existing content remains accessible
• One trial per family: Additional trials not permitted

A.3 Billing Cycle

• Subscriptions billed monthly on the anniversary of initial subscription
• Billing processed by Stripe
• Receipts sent to registered email
• Manage subscription via Settings or Stripe Customer Portal

A.4 Price Changes

• We may change subscription prices with 30 days' notice
• Price changes apply at next renewal after notice period
• You may cancel before price change takes effect

A.5 Refund Policy

• Monthly subscriptions: No refunds for partial months
• Booklet fees: Refund if defective or not shipped within 14 days
• California residents: 3-day cancellation right for initial subscription per Cal. Civil Code § 1689.5
• Chargebacks: Contact support before initiating chargeback

A.6 Student ID Booklet Fees

Booklet fees are one-time charges processed through Stripe. Labels do not display student names.

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Schedule B: Acceptable Use Policy (Detailed)

B.1 Content Standards

You may upload content that:

• Depicts your child or family with appropriate consent
• Shows your child's schoolwork, artwork, and achievements
• Documents childhood memories and milestones

You may NOT upload content that:

• Depicts nudity or sexual content involving minors
• Shows child abuse, exploitation, or endangerment
• Contains gratuitous violence
• Harasses, threatens, or bullies any person
• Infringes copyright, trademark, or other IP rights
• Contains malware or harmful code
• Violates any applicable law

B.2 Account Conduct

You may NOT:

• Share account credentials with unauthorized persons
• Create accounts for children under 18
• Use another person's account without permission
• Create multiple accounts to abuse trials or promotions
• Use the Service for commercial photography or professional services without authorization
• Scrape, crawl, or harvest data from the Service
• Interfere with Service operation or other users' access

B.3 Partner Capture Conduct

At partner schools, you may NOT:

• Share Student ID labels with unauthorized persons
• Apply labels to content you do not have rights to
• Attempt to link labels to children other than your own
• Interfere with Capture Partner operations

B.4 Reporting Violations

Report violations to support@myeverjoy.com or security@myeverjoy.com. We investigate reports and take appropriate action.

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Schedule C: Intellectual Property (Detailed)

C.1 EverJoy Ownership

EverJoy owns all rights in:

• The Service software, code, and architecture
• EverJoy trademarks, logos, and branding
• Documentation and marketing materials
• Proprietary algorithms and AI prompts
• Yearbook templates and themes (except Your Content incorporated therein)

C.2 Your Content Ownership

You retain all ownership rights in Your Content. EverJoy claims no ownership interest in photos, documents, or other materials you upload.

C.3 License Grant to EverJoy

Your license to EverJoy (Section 4.2) is limited to Service operation. We may not:

• Sell Your Content
• Use Your Content for advertising without consent
• sublicense Your Content to third parties except subprocessors operating the Service

C.4 Yearbook Output

Personalized Yearbooks generated from Your Content are licensed to you for personal, non-commercial use. You may:

• Download and print yearbooks for personal use
• Share yearbooks with family and friends
• Include yearbooks in personal archives

You may NOT:

• Sell yearbooks commercially
• Redistribute yearbook templates separately from Your Content
• Claim ownership of EverJoy yearbook themes or layouts

C.5 Feedback and Suggestions

Feedback you provide may be used by EverJoy without compensation. We appreciate suggestions but are not obligated to implement them.

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23. Accessibility

23.1 Commitment

EverJoy is committed to providing an accessible Service for all users, including parents with disabilities.

23.2 Standards

We aim to conform to WCAG 2.1 Level AA guidelines for user-facing interfaces.

23.3 Features

• Semantic HTML and ARIA labels on interactive elements
• Keyboard navigation support
• Screen reader compatibility
• Sufficient color contrast
• Form field labels and error messages

23.4 Alternative Formats

Request policies and communications in alternative formats by contacting support@myeverjoy.com.

23.5 Feedback

Report accessibility barriers to support@myeverjoy.com. We will work to address issues promptly.

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24. Print and Digital Output

24.1 Digital Yearbooks

Personalized Yearbooks are generated as digital PDF files. You may download and print for personal use.

24.2 Print Quality

We do not guarantee print quality, color accuracy, or compatibility with all printers. Review PDF before printing.

24.3 No Publisher Integration

EverJoy does not currently integrate with third-party print publishers. Printing is self-service from downloaded PDFs.

24.4 Future Print Services

If EverJoy offers professional printing services in the future, supplemental terms will apply.

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25. Beta Features

25.1 Beta Mode

EverJoy may operate in beta mode (EVERJOY_BETA_MODE) limiting signup during initial launch.

25.2 Beta Terms

Beta features may:

• Be incomplete or contain bugs
• Change without notice
• Be discontinued
• Have limited support

Beta users provide feedback to improve the Service.

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26. Dispute Resolution (Detailed)

26.1 Informal Resolution Process

Before initiating arbitration or litigation:

1. Send written notice to legal@myeverjoy.com describing the dispute
2. Include your account email, description of issue, and desired resolution
3. EverJoy will respond within 15 business days
4. Parties will attempt good-faith resolution for 30 days

26.2 Arbitration Procedures

If informal resolution fails:

• Arbitration administered by JAMS
• Single arbitrator selected per forum rules
• Arbitration conducted in English
• Each party bears own attorneys' fees unless otherwise awarded
• Arbitrator may award same damages as a court

26.3 Exceptions to Arbitration

The following may be brought in court:

• Small claims court actions within jurisdictional limits
• Injunctive relief for IP infringement
• Enforcement of arbitration awards

26.4 Class Action Waiver

YOU AND EVERJOY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

26.5 Opt-Out

Opt out of arbitration within 30 days of account creation by emailing legal@myeverjoy.com with subject "Arbitration Opt-Out" and your account email.

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27. Miscellaneous (Detailed)

27.1 Language

These Terms are written in English. Translations may be provided for convenience; English version controls.

27.2 Headings

Section headings are for convenience only and do not affect interpretation.

27.3 No Third-Party Beneficiaries

These Terms do not create third-party beneficiary rights except as expressly stated.

27.4 Export Controls

You may not use the Service in violation of U.S. export control laws.

27.5 Government Users

If you are a U.S. government entity, the Service is "Commercial Item" as defined in FAR 2.101.

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These Terms of Service are version 2026-07. Please read together with the Privacy Policy and applicable consent agreements.