LifeArk is a mobile and web-based technology platform that provides families with a safe space to capture and share life stories, memories and wisdom with their family and close friends. LifeArk also provides editorial content and other content recommendations to you. For the purpose of clarity, the Service provides only general information. 2. Basic Terms
You may use the Service only if you can form a binding contract with Generation Transfer and are not a person barred from receiving services under the laws of the United States 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. 3. LifeArk 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. Generation Transfer reserves all rights not expressly granted herein in the Service and the LifeArk Content (which is defined as all content of the Service other than User Content and User Submissions and content licensed by LifeArk from third parties). Your LifeArk account gives you access to the Service and functionality that we may establish and maintain from time to time and at our sole discretion.4. Privacy
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 LifeArk immediately of any breach of security or unauthorized use of your account. LifeArk 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 LifeArk.
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 LifeArk; (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 LifeArk 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.
LifeArk does not pre-screen or control User Content or User Submissions and, as such, does not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any such content or posting. The substance of any User Content, User Submission, or any other materials available through the Service reflects the thoughts and opinions of the author(s), and does not represent the thoughts, opinions, plans or strategies of Tinbybeans. LifeArk undertakes no obligation to update, correct or modify any statements made by any User. Any reliance on material from the Service is at your own risk.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 LifeArk 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. We will not be liable to you or any third-party for any termination of your access to the Site.8. Third-Party Links
This Service may contain links to other web sites and apps not maintained by LifeArk. 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 LifeArk
LifeArk 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. LifeArk reserves the right to investigate and take appropriate legal action against anyone who, in LifeArk’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
User Content that:
10. Proprietary Rights
- is defamatory, abusive, obscene, profane or offensive.
- infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service).
- violates any party’s right of publicity or right of privacy.
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- promotes or encourages violence.
- is inaccurate, false or misleading in any way.
- is illegal or promotes any illegal activities.
- promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures.
- contains "masked" profanity (i.e., F*@&#).
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
LifeArk 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 LifeArk to display the materials, such as other User Content or User Submissions, 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. You may not access or use the Service, or any portion of it, for any purpose other than to view the LifeArk Content and make personal use of the services provided in accordance with these Terms and Conditions. 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 LifeArk.11. LifeArk "Memberships" and Purchases
When you sign up for a monthly or annual LifeArk "Membership" and LifeArk "Storage" subscription services, you will receive additional features that are not available in the free version of the Service. Paid 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 LifeArk "Plus" or LifeArk "Storage" to 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. LifeArk 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 LifeArk paid 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. Paid Subscriptions
LifeArk “Plus” (Formally “Family Premium” or “Beanstalk”) or LifeArk “Storage” subscriptions can be purchased monthly or annually. LifeArk is not responsible for any charges or expenses you incur resulting from charges billed by LifeArk 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 Generation Transfer to continue charging the payment method for all charges due Generation Transfer until your LifeArk account is settled and is terminated by either you or Generation Transfer. Generation Transfer 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 Paid Subscriptions
Your subscription will automatically be renewed and your account charged if you do not take any action to cancel or downgrade your account. 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 paid subscription service until the end of your paid subscription period. You may cancel your LifeArk account at any time by sending an email to email@example.com
. 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
LifeArk accepts credit and debit cards issued through VISA, MasterCard, American Express, and Discover. In the event that LifeArk 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 paid subscription.e. No Refunds
You may downgrade your LifeArk “Membership” 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 app or 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 firstname.lastname@example.org
and provide your name, the email address associated with your account, and a phone number where you can be reached.13. Security
LifeArk 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.
LifeArk will store and process User Content in a manner consistent with industry security standards. LifeArk 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 LifeArk 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”), LifeArk will take reasonable steps to notify you. LifeArk 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 LifeArk.14. Legal Complaintsa. Copyright Claims
We respect intellectual property rights. If you believe that content on the Service infringes your copyright, a notification of claimed copyright infringement pursuant to the Digital Millennium Copyright Act must be sent to our Designated Agent, as follows:
Name of Designated Agent: Neelam Sing
Address of Designated Agent: 85 Broad Street, 29th floor, New York, NY 10004
Email Address of Designated Agent: email@example.com
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Notifications of claimed copyright infringement on the Service must include the following:
- An electronic or physical signature of the owner of the copyright interest that is allegedly infringed, or of a person authorized to act on the copyright owner's behalf;
- Identification of the copyrighted work (or works) that you claim to have been infringed;
- Identification of the material that you claim is infringing;
- A clear description of where the infringing material is located on the Service so that we can locate the material;
- Your name, address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information in your notification is accurate and, under penalty of perjury that you are the copyright owner or are authorized to act on the copyright owner's behalf.
We respect intellectual property rights. If you believe that content on the Service infringes your copyright, a notification of claimed copyright infringement pursuant to the Digital Millennium Copyright Act must be sent to our Designated Agent, as follows:
If you believe that your User Content or User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content or User Submission, you may send a counter-notice containing the following information to our Designated Agent listed above. Your counter-notice must include the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the designated agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at LifeArk' sole discretion.c. Errors and Inaccuracies
We are constantly updating product and service offerings within the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.15. Indemnity
You agree to indemnify, defend and hold harmless LifeArk, 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 and in connection with your User Content and User Submissions.16. No Warranties / Limitation of Liability
WHILE GENERATION TRANSFER USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON LIFEARK, GENERATION TRANSFER MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. GENERATION TRANSFER 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 GENERATION TRANSFER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GENERATION TRANSFER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LifeArk 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. LifeArk SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL LifeArk OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, OR THIRD PARTIES ASSOCIATED WITH THE SERVICE BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER 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.17. Arbitration
You hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning, or arising out of the Service or this Agreement. The arbitration will be conducted before a single arbitrator and will be held at the AAA location in New York, NY. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Generation Transfer will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Generation Transfer in violation of this paragraph, you agree to pay Generation Transfer’s reasonable costs and attorneys’ fees incurred in connection with its enforcement of this paragraph.18. Governing Law
THE LAWS OF THE STATE OF DELAWARE SHALL GOVERN THESE TERMS AND CONDITIONS. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SERVICE.19. Entire Agreement and Changes
The Service as well as the products and services described within the Service are subject to change. Not all LifeArk Content is available or intended for all geographic areas. In addition, these Terms and Conditions may be changed at any time without prior notice. LifeArk will make such changes by posting them on the LifeArk 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. LifeArk 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.20. 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.21. 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 provision22. Consent to Receive Notices Electronically
To the extent permitted by applicable law, your use of the Service constitutes your consent to receive all communications from us in connection with the Service or products or services provided (collectively referred hereafter as “Notices”) electronically, either by posting them on the Service or by sending them to an email address that you provide to us. The delivery of any such Notice is effective when posted or sent, regardless of whether you read the Notice. If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Service.23. Refer-a-Friend Program Terms & Conditions
22 September 2023
, as well as the following Referral Program Terms & Conditions:
Qualified Referral. A Qualified Referral is defined as an annual or monthly LifeArk+ subscription purchased from Apple by a person (a "Referred Customer") who arrives at the LifeArk mobile app by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must be a brand new customer. Offers cannot be combined. You can see all offers available for you to redeem in the "Redeem Discount" tab of the LifeArk mobile app.
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must purchase an annual or monthly LifeArk+ subscription (they will receive a specified discount percentage off when using your referral link). The Referrer will be rewarded with a specified discount percentage from the original price of their next annual or monthly subscription only. Limit to 1 referral reward per order. Referral Rewards are non-transferrable, are not redeemable for cash, cannot be used in Stripe or Google Play, and are subject to change without notice. Referral Rewards cannot be combined with other offers or discounts. Referral Rewards must be used prior to any specified expiration date.
Eligibility is limited to individuals only. LifeArk' Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined by LifeArk' sole discretion.
No Spam. You must comply with all up-to-date "SPAM" laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could be constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from LifeArk' Refer-a-Friend program.
Right to Close Accounts. LifeArk reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the LifeArk' Refer-a-Friend program in a questionable manner or breaches any of the Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. LifeArk reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.24. Questions
Should you have any questions regarding these Terms and Conditions you may contact us firstname.lastname@example.org
These Terms and Conditions are effective and were last updated on October 21, 2023