Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Jay Emm Systems, Inc. d/b/a MyLogacy (“MyLogacy,” “we,” “our,” or “us”) concerning your access to and use of our website and related mobile, web, or desktop services, software, tools, or applications (collectively, the “Services”). By accessing, using, or continuing to use our Services, you agree to be bound by these Terms.

Your use of the Services is also subject to our Privacy Policy. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will be listed in these Terms or presented to you for your acceptance when you request use of or access to the supplemental Services.

If you do not agree to these Terms, do not access or use our Services.

MyLogacy reserves the right, at its sole discretion and without prior notice, to modify, amend, or update these Terms at any time and for any reason, including to reflect changes in the law, improvements to the Services, or changes in our business practices.

We may notify you of material changes through the Services, via email, or by updating the “Effective Date” at the top of this page. However, we are under no obligation to provide individual notice. The most current version of the Terms will always be made available on our website and will supersede all prior versions.

It is your responsibility to review the Terms regularly to stay informed of any changes. Your continued access to or use of the Services after any modifications are posted constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services immediately.

MyLogacy shall not be liable for any loss or damage arising from your failure to review or familiarize yourself with any modifications to the Terms.

MyLogacy provides tools for individuals (“Users”) to create, record, schedule, and deliver personal messages, memories, and legacy content, as well as secure digital memory capturing and storage, professionally produced eBooks, video editing and production in a format similar to streaming services (e.g., “Netflix-style” video), podcast-style interviews, and other storytelling or legacy-sharing services offered through the platform (“Content”) to designated recipients.

These may be distributed during your lifetime or after your death, subject to our platform’s capabilities and your settings. Access requires a paid subscription (“Subscription”).

You must be at least 13 years old to use the Services. If you are under 18, you may only use the Services under the supervision of a parent or guardian who agrees to be bound by these Terms and is fully responsible for your use.

Subscriptions unlock enhanced features of the platform and are managed by the account holder (“Account Owner”). Subscriptions are billed in advance on a monthly recurring basis and automatically renew unless canceled before the end of the then-current billing period.

Subscription pricing, features, and limitations may change at any time without notice. We reserve the right to cancel or revoke any Subscription for any reason, including violation of these Terms. Refunds are issued solely at MyLogacy’s discretion.

Subscribers may invite additional “Users” to their network, who will have view-only access by default unless they choose to subscribe independently for full functionality. Additional upgrades may be available for Account Owners who require increased storage capacity or wish to expand their network to include more Users with access privileges.

To access certain features of the Services, you may be required to register for a user account and provide accurate, current, and complete information. You agree to maintain and promptly update your information as needed to keep it accurate and complete.

You are solely responsible for maintaining the confidentiality of your account credentials (such as your username and password) and for all activities that occur under your account, whether authorized by you or not.

Each account is intended for use by a single individual only. Sharing your account credentials or allowing others to access or use your account is strictly prohibited. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

MyLogacy is not liable for any loss or damage resulting from your failure to comply with this section. We reserve the right, in our sole discretion and without prior notice or liability, to suspend, deactivate, or terminate your account; restrict or deny access to the Services; or reclaim usernames, including in cases of suspected violations of these Terms, inactivity, or conduct deemed harmful to MyLogacy, other users, or the platform’s integrity.

Because MyLogacy is designed to preserve and share personal stories across generations, we understand the importance of allowing loved ones access after a user’s passing.

You may designate one (1) or more trusted individual(s) to request access to your account in the event of your death or incapacity, subject to MyLogacy’s then-current procedures and verification requirements.

We may, in our sole discretion, grant access to authorized family members, estate representatives, or legal guardians, consistent with applicable laws and our privacy and security policies. MyLogacy is not obligated to provide access in the absence of sufficient documentation or authorization.

By using the Services, you agree not to: (a) use the Services for any unlawful, harmful, or exploitative purpose; (b) share, sell, license, or commercially exploit any content obtained from the Services; (c) use the Services to infringe the rights of any third party, including rights of privacy, publicity, or intellectual property; (d) attempt to reverse-engineer, decompile, scrape, crawl, harvest, or otherwise extract data or source code from the Services; (e) upload or transmit viruses, malware, or disruptive code; and/or (f) interfere with or attempt to circumvent our security features or access restrictions.

MyLogacy reserves the right, in its sole and absolute discretion, to review, monitor, refuse to post, unpublish, or remove any content or material you submit to or post, at any time and for any reason, with or without notice. Without limiting the generality of the foregoing, MyLogacy may remove any content that it determines, in its sole judgment, to be in violation of these Terms, infringing upon the rights of others, unlawful, offensive, or otherwise objectionable or inappropriate for any reason.

MyLogacy may cooperate with law enforcement agencies, regulatory authorities, or third parties in the investigation of any suspected or alleged criminal activity, civil wrong, or other unlawful conduct. Except as may be expressly limited by our Privacy Policy, MyLogacy reserves the right at all times to disclose any information as it deems necessary to: (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; or (iv) protect the rights, property, or safety of MyLogacy, its users, or the public.

You agree to indemnify and reimburse MyLogacy for any losses, damages, liabilities, or expenses (including reasonable attorneys’ fees) incurred as a result of your use of the Services in violation of these Terms, applicable law, or for any prohibited or unauthorized purpose.

MyLogacy further reserves the right to remove, disable access to, or take other action with respect to any User Content that it believes may infringe the intellectual property rights or other rights of any third party, with or without notice to the user who submitted such content, and in accordance with applicable laws, including the Digital Millennium Copyright Act.

All fees are listed in U.S. dollars and are non-refundable unless otherwise stated by MyLogacy in writing. You authorize us to charge your payment method for all applicable fees, including taxes.

While pricing may be subject to change, we will make reasonable efforts to notify you in advance of any material price increases. Subscription payments are processed through third-party providers; we are not liable for payment failures caused by them.

All rights, title, and interest in and to the Services, including all text, software, graphics, images, audio, video, logos, and other content or materials made available by MyLogacy, excluding User Content (as defined below), are the property MyLogacy or its licensors and are protected by applicable laws.

Subject to your compliance with these Terms, MyLogacy grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial use.

This license does not permit you to, and you agree not to: (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on any portion of the Services; (ii) use any data mining, scraping, or similar data gathering or extraction methods; or (iii) download (other than page caching) any portion of the Services, except as expressly permitted by MyLogacy in writing.

Nothing in these Terms shall be construed as granting any rights or licenses to any trademarks, service marks, or other intellectual property of MyLogacy, whether by implication, estoppel, or otherwise. Any unauthorized use of the Services or content may result in termination of your access.

You retain ownership of any content you submit through the Services (“User Content”). By submitting User Content, you grant MyLogacy a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, copy, store, modify, distribute, publicly perform, and display such content for the purposes of operating and improving the Services.

You also grant permission to any recipients you designate, and to their legal heirs or administrators, to access your content as configured within your account.

You represent and warrant that you own or have all necessary rights to submit your content and that it does not infringe the rights of any third party.

We may remove or delete content at any time, without liability, for any reason, including if we determine it violates these Terms.

We welcome and appreciate your feedback, comments, suggestions, ideas, or other communications you choose to submit regarding MyLogacy and its products or services (“Feedback”). By submitting Feedback, you acknowledge and agree that such Feedback is non-confidential and shall become the sole and exclusive property of MyLogacy.

You hereby irrevocably assign to MyLogacy all rights, title, and interest in and to the Feedback, including any intellectual property rights therein, and waive any moral rights you may have.

MyLogacy shall have the unrestricted right to use, reproduce, disclose, publish, and otherwise exploit the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You represent and warrant that your Feedback does not infringe the rights of any third party.

The Services may contain links to third-party websites or services that are not owned or controlled by MyLogacy. MyLogacy is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content.

You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MyLogacy with respect thereto.

MyLogacy assumes no responsibility for the content, privacy policies, or practices of any third party. Accessing such third-party sites is at your own risk.

MyLogacy may add, remove, or alter any aspect of the Services at any time, without notice or liability to you.

MyLogacy respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act and other applicable laws, we will respond promptly to claims of copyright infringement that are properly submitted to us.

If you believe that any content available through the Services infringes your copyright, you may submit a written notification that includes the following information:

• A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
• A description of the copyrighted work you claim has been infringed;
• A description of the material that you claim is infringing and that you are requesting be removed or access to which be disabled, including a URL or other reasonably sufficient means to locate the material;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We may terminate or suspend your access at any time, without notice or liability, for any reason. Upon termination, your license to use the Services ends immediately.

Some provisions will survive termination, including those regarding intellectual property, disclaimers, and dispute resolution.

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Jay Emm Systems, Inc. d/b/a MyLogacy, along with its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers (collectively, the “MyLogacy Parties”), from and against any and all claims, demands, complaints, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or any information you provide to the Services; (c) your violation of these Terms or any applicable law, rule, or regulation; (d) your infringement or misappropriation of any intellectual property, privacy, or other rights of any third party; or (e) any activity occurring under your account, whether or not authorized by you.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with our defense of the claim.

You may not settle any matter without the prior written consent of MyLogacy, and we may withhold such consent in our sole discretion. This indemnity obligation survives the termination of your account and your use of the Services.

MyLogacy has no responsibility for disputes between users and disclaims all liability related to any interactions or content exchange between users.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT, MATERIALS, FEATURES, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

MYLOGACY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT ANY RESULTS OR OUTPUT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR INTENDED PURPOSE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES OR ANY SERVERS USED TO PROVIDE THEM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYLOGACY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, MYLOGACY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, MYLOGACY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (I) $50 OR (II) THE FEES PAID BY YOU IN THE PAST 12 MONTHS.

You agree that we may send notices to the contact information you provide or by posting on our site. Notices are effective when sent or posted.

Failure to enforce any right or provision will not waive our right to enforce it in the future.

You may not assign your rights under these Terms. We may assign them freely.

If any provision is held to be unenforceable, it will be modified to the minimum extent necessary or severed entirely, and the remaining Terms will remain in effect.

YOU AGREE THAT ANY DISPUTE ARISING OUT OF THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, seated in Syracuse, New York, unless otherwise mutually agreed. This provision survives termination of your use of the Services.

Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has the same legal rights and obligations as a physical signature.

If you have an account, you agree that we may provide you any and all required notices electronically through your account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.

MyLogacy, its logos and slogans are trademarks of MyLogacy. All rights reserved. All other trademarks appearing in connection with the Services are the property of their respective owners. Any rights not expressly granted herein are reserved.

You acknowledge that you have read these terms, understand them, and agree to be bound by them.

These Terms constitute the entire agreement between you and MyLogacy concerning the Services and supersede any prior agreements or understandings.

For questions about these Terms or the Services, contact us at: