Family App Terms of Use

Legal Information & Notices

Giving families a private and safe place to share their memories is at the heart of everything we do so we wanted to share our commitment to you and your family:

Welcome to the Family App and MyFamilyCircle.co (the "Service") which are provided to you by UAB inulti and our affiliates (referred to herein as "Family," "our," "we," or "us"). This Agreement applies to all visitors, users, and others who access the Service ("Users").

Your access and use of the service is subject to the following terms and conditions (the "Terms and Conditions" or "Agreement") and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these terms and conditions.

1. Overview

Family is a mobile and web-based technology platform that provides families with one safe space to capture and share their personal life stories with family. Family offers an experience without the distractions or privacy concerns that arise when sharing your personal moments.

2. Basic Terms

You may use the Service only if you can form a binding contract with Family and are not a person barred from receiving services under the laws of EU or other applicable jurisdiction. If you are accepting these Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. The Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE. By using the Service, you represent and warrant that you are at least 18 years of age.

3. Family Service

Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Family reserves all rights not expressly granted herein in the Service and the Family Content (as defined below). Family may terminate this license at any time for any reason or no reason. Your Family account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.

4. Privacy

We care about your privacy. Any information that you provide to Family is subject to our Privacy Policy, a copy of which is available at https://MyFamilyCircle.co/privacy which governs our collection and use of your information and user information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within Lithuania and/or to other countries for storage, processing and use by Family (as set forth in the Privacy Policy). As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your User account, which you may not be able to opt-out from receiving.

5. Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password within your reasonable control. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Family immediately of any breach of security or unauthorized use of your account. Family will not be liable for any losses caused by any unauthorized use of your account.

6. Use of the Service

This Service is provided for your personal and non-commercial use and for informational purposes regarding our services only. Any other use of the Service requires the prior written consent of Family.

You agree not to engage in any of the following prohibited activities:

(i) using any scraper, spider, robot or other automated means of any kind to access the Service, deep-link to any feature or content on the Service, crawl the Service in any manner, or bypass any other measures we may use to prevent or restrict access to the Service; (ii) overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service; (iii) undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by Family; (iv) reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, use of the Service, access to the Service or content obtained through the Service for any purpose; (v) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vii) uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service; (viii) uploading or otherwise transmitting to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind; (ix) collecting or harvesting any personal information, including account names, from the Service; (x) deleting the copyright and other proprietary rights notices; (xi) uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise); (xii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (xiii) using any trademarks, service marks, design marks, logos, photographs or other content belonging to Family or obtained from the Service; (xiv) interfering with the proper working of the Service; (xv) accessing, tampering with, or using any content, user accounts, personal information or other information on the Service through any technology or means other than those provided or authorized by the Service; or (xvi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

7. Termination of Access

In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Service, at any time with or without notice and with or without cause, including if Family determines, in our sole discretion, that you pose a threat to the Service or its users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

8. Third-Party Links

This Service may contain links to other web sites and apps not maintained by Family. Other web sites and apps may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every site and app that you visit. We are not responsible for the practices or the content of such other services.

9. User Content and Your License to Family

You retain your rights to any content or information you submit, post, or display on or through the Service ("User Content") and Family does not claim ownership of any of your User Content. Instead, for good and valuable consideration, including the right to use the Service, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to Family, and their respective parents, subsidiaries and affiliate companies, successors, assigns, designees, agents and employees the non-exclusive, fully paid, sub-licensable, assignable, royalty-free right and license to use your User Content, in any and all media now known or hereafter developed, throughout the world, subject to our Privacy Policy, available here https://MyFamilyCircle.co/privacy You can choose who can view your User Content and activities, including your albums, as described in the Privacy Policy. This license for such limited purposes continues even after you stop using the Service, with respect to aggregate and de-identified data derived from User Content and any residual backup copies of User Content made in the ordinary course of business. This license also extends to any trusted third parties that Family works with to the extent necessary to provide the Service to you.

Family expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. Family reserves the right to investigate and take appropriate legal action against anyone who, in Family’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

10. Proprietary Rights

Family is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs, photographs, and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service may belong to third parties who have authorized Family to display the materials, such as other User Content, or other such proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms and Conditions are reserved by Family.

11. Family Premium and Purchases

When you sign up for a monthly, annual or lifetime Family Premium subscription service, you will receive additional features that are not available in the free version of the Service. Premium subscriptions will automatically renew unless you cancel the subscription according to the cancellation method provided below. We may also offer other products for purchase through our Service for which our billing and payment policies herein will apply.

a. Billing Policies

If you elect to use Family Premium or purchase a product made available through the Service, you agree to these pricing and payment terms, as we may update them from time to time. Family may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; provided, however we will communicate any change in price to any Family Premium subscription to you. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

b. Premium Subscriptions Paid in Advance

Family Family Premium subscriptions can be purchased monthly, annually or lifetime. Family is not responsible for any charges or expenses you incur resulting from charges billed by Family in accordance with the Terms and Conditions (e.g. overdrawn accounts, exceeding credit card limit, etc.). By providing a credit card number or other payment method with advance authorization features, you authorize Family to continue charging the payment method for all charges due Family until your Family Premium account is settled and is terminated by either you or Family. Family reserves the right to limit the number of accounts that may be charged to a credit card or other payment or identification method per unique user.

c. Automatic Renewal of Subscriptions

UNLESS YOU NOTIFY FAMILY THAT YOU DO NOT WISH TO RENEW YOUR PREMIUM MEMBERSHIP, FAMILY WILL AUTOMATICALLY RENEW YOUR MEMBERSHIP AT THE END OF EACH TERM AND BILL THE THEN-CURRENT RENEWAL FEE TO THE CREDIT OR DEBIT CARD ACCOUNT DESIGNATED BY YOU WHEN YOU JOINED FAMILY. IF YOU WANT TO CHANGE YOUR ACCOUNT TYPE, YOU MAY DO SO AT ANY TIME BUT NOTE THAT IF YOU DECIDE TO DOWNGRADE YOUR ACCOUNT, YOU WILL CONTINUE TO HAVE ACCESS TO THE PREMIUM SERVICE UNTIL THE END OF YOUR PAID SUBSCRIPTION PERIOD. You may cancel your Family account at any time by sending an email to [email protected] Any cancellation email should include your name, the email address you registered with, and a phone number where you can be reached. Your account will be canceled within 48 hours of your cancellation request.

d. Payment Methods

Family accepts credit and debit cards issued through VISA and MasterCard. Family requires that you provide the security code for your debit or credit card to protect against the unauthorized use of your card by other persons. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, or MasterCard). In the event that Family is unable to charge the card you have provided (i.e. expired credit card), we will send you a notice to update your card information. You will have a 3-day grace period to update your billing information. If the account is not updated within the 3-day grace period, we may terminate your Premium subscription.

e. No Refunds

You may downgrade your Family Premium subscription to the free version at any time; however, there are no refunds for any unused portion of a subscription, subscription fees for any portion of the Service or any other products sold on our site. As noted above, the downgrade will take effect after the last day of the current subscription period, unless you completely deactivate your account, in which case your account will be terminated at that time. Notwithstanding the above, we reserve the right to consider a refund request on a case by case basis, in our sole discretion.

f. Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

12. Closing Your Account

To cancel your account, send an email to [email protected] and provide your name, the email address associated with your account, and a phone number where you can be reached.

13. Security

Family cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Family will store and process User Content in a manner consistent with industry security standards. Family has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of User Content and to mitigate the risk of unauthorized access to or use of User Content. If Family becomes aware of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of, personal data related to your account (“Security Incident”), Family will take reasonable steps to notify you. Family will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your account or online through updates provided by Family.

14. Indemnity

You agree to indemnify, defend and hold harmless Family, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.

15. No Warranties / Limitation of Liability

WHILE FAMILY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICE, FAMILY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. FAMILY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND FAMILY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FAMILY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FAMILY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAMILY SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL FAMILY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Governing Law

Unless otherwise is set by applicable law, these terms of services shall be governed by the law of the Republic of Lithuania. All disputes shall be subject to the courts of Republic of Lithuania or other institutions considering consumer disputes in the out-of-court procedure.

17. Entire Agreement and Changes

This Agreement and our Privacy Policy are the entire and exclusive agreement between Family and you regarding the Service and these Terms and Conditions supersede and replace any prior agreements between Family and you regarding the Service.

These Terms and Conditions may be changed at any time without prior notice. Family will make such changes by posting them on the Family App or web site or both or by other reasonable means in our sole discretion. Your continued use of the Service after such changes conclusively demonstrates your acceptance of those changes. Family may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. If you do not agree to any of these Terms and Conditions or any future Terms and Conditions, do not use or access (or continue to access) the Service.

18. Severability

If any part of this Agreement is held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

19. No Waiver

The failure of either party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

20. Questions

Should you have any questions regarding these Terms and Conditions you may contact us [email protected]

These Terms and Conditions are effective and were last updated on February 12, 2020.