Terms of Use

This End User License Agreement ("Agreement") is a legal agreement between you and Twenty Eleven LLC ("Licensor," "we," or "us") governing your use of the Family Vault application, together with any updates, and any accompanying documentation (the "Application"). By downloading, installing, or using the Application, you agree to be bound by this Agreement. If you do not agree, do not download, install, or use the Application. The Application is licensed, not sold, to you.

Where you obtained the Application from a third-party marketplace — such as the Apple App Store or Google Play (each, an "App Store Provider") — you also agree to that marketplace's applicable terms of service, and the usage rules of that marketplace apply to your use of the Application. In the event of any conflict between this Agreement and those usage rules, the usage rules govern solely with respect to that conflict.

1. Acknowledgement

This Agreement is concluded between you and Licensor only, and not with any App Store Provider. Licensor, not the App Store Provider, is solely responsible for the Application and its content. The App Store Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.

2. Scope of License

Licensor grants you a limited, non-exclusive, non-transferable, revocable license to use the Application on any device that you own or control, as permitted by the usage rules of the marketplace through which you obtained it. You may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof, except as and only to the extent that the foregoing restriction is prohibited by applicable law or permitted by the licensing terms governing any open-source components included with the Application.

3. Consent to Use of Data

Licensor handles the information you and your family enter, and the limited technical information required to operate the Application, as described in our Privacy Policy. We do not collect information about you for advertising, and we do not sell your information. By using the Application you consent to the handling of information as described in the Privacy Policy.

4. Maintenance and Support

Licensor is solely responsible for providing any maintenance and support services with respect to the Application, as required under applicable law, if any. You acknowledge that no App Store Provider has any obligation whatsoever to furnish any maintenance or support services with respect to the Application.

5. Warranty

Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed below. In the event of any failure of the Application to conform to any applicable warranty, you may notify the applicable App Store Provider, and if you obtained the Application through the Apple App Store, Apple will refund the purchase price you paid for the Application; to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Licensor.

6. Product Claims

Licensor, not any App Store Provider, is responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. This Agreement does not limit Licensor's liability to you beyond what is permitted by applicable law.

7. Intellectual Property Rights

In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Licensor, not any App Store Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. All title and intellectual property rights in and to the Application (excluding content you provide) are owned by Licensor or its licensors.

8. Legal Compliance

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

9. Third-Party Terms of Agreement

You must comply with applicable third-party terms of agreement when using the Application, including the terms of your wireless data service.

10. Third-Party Beneficiary

You acknowledge and agree that the applicable App Store Provider, and that provider's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, that App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This applies to Apple Inc. where the Application was obtained from the Apple App Store, and to Google LLC where the Application was obtained from Google Play.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Licensor's total liability to you for all damages exceed the greater of the amount you paid for the Application or twenty U.S. dollars ($20). Some jurisdictions do not allow the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you.

13. Termination

This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically, without notice, if you fail to comply with any of its terms. Upon termination, you must cease all use of the Application and delete all copies. You may terminate this Agreement at any time by deleting your account and removing the Application from your devices.

14. Governing Law

This Agreement is governed by and construed in accordance with the laws of the United States and of the state in which Twenty Eleven LLC is organized, excluding conflict-of-law rules. If you are a consumer, this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your place of residence.

15. Severability and Entire Agreement

If any provision of this Agreement is held to be unenforceable, that provision will be modified only to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Licensor regarding the Application and supersedes all prior understandings.

16. Contact

Family Vault is provided by Twenty Eleven LLC. Questions about these terms? Reach us from inside the app (Settings, then Contact us) or through the contact page at getfamilyvault.app.