EverJoy Terms of Service — Supplemental Schedules
Version: 2026-07
Parent Document: 02-Terms-of-Service.md
This supplement provides additional terms referenced by the EverJoy Terms of Service.
Schedule D: Partner Capture Network Terms
D.1 Eligibility
Partner Capture Network services are available only at schools designated as EverJoy Partner schools with:
- Executed School Agreement
capture_authorized = true- Assigned certified Capture Partner
D.2 Parent Enrollment
To receive partner capture services, parents must:
- Create EverJoy account and complete onboarding
- Activate child against school roster (partner schools)
- Enroll in Student ID Booklet program (print-at-home or professional)
- Provide child data storage consent
D.3 Student ID Labels
- Labels contain anonymous QR/barcode identifiers
- Student names are NEVER printed on labels
- Labels applied to student work authorize scanning
- Lost or damaged labels: order replacement booklet ($4.99) or print-at-home
D.4 Capture Process
- Capture Partner visits school on scheduled day
- Partner scans student work bearing EverJoy labels
- System matches label to Child Profile
- Artifacts appear in parent Memory Inbox
- Parent reviews, edits, or deletes artifacts
D.5 Identity Determination
Student identity is determined exclusively through QR/barcode scan. EverJoy and Capture Partners do NOT use:
- Handwriting recognition
- OCR for identity
- Visual identification
- School roster lookup during capture
D.6 Quality and Errors
- Mislabeled work may be captured to wrong profile; contact support for correction
- Unlabeled work is not captured
- Low-quality scans may be flagged for QA review
D.7 Partner Independence
Capture Partners are independent contractors, not EverJoy employees. EverJoy certifies partners but is not liable for partner negligence beyond certification program requirements.
Schedule E: Family Circle Terms
E.1 Invitation
Primary account holder may invite family members by email. Invited members must:
- Create EverJoy account or link existing account
- Accept invitation
- Comply with these Terms
E.2 Permissions
| Permission | Primary Parent | Invited Member (Default) |
|---|
| View shared memories | ✓ | ✓ |
| Add comments/reactions | ✓ | ✓ |
| Upload memories | ✓ | Configurable |
| Delete memories | ✓ | ✗ |
| Manage child profile | ✓ | ✗ |
| Invite others | ✓ | ✗ |
| Access billing | ✓ | ✗ |
E.3 Revocation
Primary parent may revoke Family Circle access at any time. Revoked members lose access immediately.
E.4 Invited Member Responsibilities
Invited members must:
- Not share child content publicly without primary parent consent
- Not use content for commercial purposes
- Not attempt to access non-shared content
- Comply with Acceptable Use Policy
Schedule F: Personalized Yearbook Terms
F.1 Yearbook Generation
Personalized Yearbooks are digital compilations of Memories for a child and school year. Features include:
- Automatic memory selection by date
- AI recommendations (with consent)
- Custom layout and theme selection
- PDF export
F.2 Content Selection
- Parents control which memories appear in yearbooks
- AI recommendations are suggestions only
- Parents may override any selection
F.3 Output Format
- Yearbooks generated as PDF files
- Download available from dashboard
- Print at user's discretion
F.4 Intellectual Property
- Parents retain ownership of content in yearbooks
- EverJoy yearbook themes and templates remain EverJoy property
- Personal, non-commercial use permitted
F.5 No Professional Printing
EverJoy does not currently offer professional printing services. Third-party printing is at user's expense and discretion.
Schedule G: Student Growth Cloud Terms
G.1 Growth Dimensions
The Student Growth Cloud tracks five dimensions:
- Academic Growth
- Communication Growth
- Creative Growth
- Personal Growth
- Memories & Milestones
G.2 Growth Insights
- Insights generated from memory content (with AI consent)
- Insights are informational, not evaluative
- Not suitable for educational placement or assessment decisions
- Parents should review insights critically
G.3 Growth Timeline
- Timeline displays memories chronologically
- Filters available by category, growth dimension, and milestone type
- Timeline data derived from uploaded and captured content
G.4 Not an Educational Record
Student Growth Cloud data is not an official educational record under FERPA. It is a parent-controlled memory preservation tool.
Schedule H: Limitation of Liability (Detailed)
H.1 Excluded Damages
EverJoy is not liable for:
- Loss of photos, documents, or other content (maintain your own backups)
- AI output errors or omissions
- Partner capture errors or mislabeling
- Service interruptions or downtime
- Third-party service failures (Stripe, Supabase, OpenAI)
- Unauthorized access due to compromised credentials
- Indirect, incidental, special, consequential, or punitive damages
H.2 Liability Cap
Total liability capped at greater of:
- Amounts paid to EverJoy in 12 months preceding claim, or
- $100
H.3 Exceptions
Liability caps do not apply to:
- EverJoy's gross negligence or willful misconduct
- Death or personal injury caused by EverJoy negligence
- Violations of applicable privacy laws where caps prohibited
H.4 Time Limit
Claims must be brought within 1 year of the event giving rise to the claim, or shortest period permitted by law.
Schedule I: Indemnification (Detailed)
I.1 Your Indemnification Obligations
You will defend, indemnify, and hold harmless EverJoy from claims arising from:
- Your Content, including copyright or privacy claims from depicted individuals
- Your violation of these Terms
- Your violation of applicable law
- Misrepresentation of your authority to upload child content
- Disputes with Family Circle members you invited
I.2 EverJoy's Indemnification Obligations
EverJoy will defend, indemnify, and hold harmless you from claims that the Service itself (excluding Your Content) infringes third-party intellectual property rights.
I.3 Procedure
Indemnified party must:
- Promptly notify indemnifying party of claim
- Cooperate in defense
- Allow indemnifying party to control defense (with counsel approval for settlements)
Schedule J: Governing Law and Disputes (California-Specific)
J.1 Governing Law
These Terms are governed by California law, without regard to conflict of law principles.
J.2 California Consumer Rights
California residents have rights under:
- California Consumer Privacy Act (CCPA/CPRA)
- California Online Privacy Protection Act (CalOPPA)
- California Automatic Renewal Law
- California Consumer Legal Remedies Act
See Privacy Policy for CPRA rights.
J.3 Small Claims
Either party may bring qualifying claims in small claims court in the county of your residence or California.
J.4 Injunctive Relief
Either party may seek injunctive relief in court for IP infringement or unauthorized access without first pursuing arbitration.
Supplemental Schedules version 2026-07.
