Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the Dear Grandchild platform (“Service”), operated by Wexford Point, LLC (“Company,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

Dear Grandchild is a subscription-based digital legacy platform that allows users to preserve personal journals, photos, letters, recipes, voice memos, videos, and family tree information for future generations. The Service includes content creation tools, encrypted cloud storage, and optional delivery scheduling features.

We reserve the right to modify, suspend, or discontinue any aspect of the Service, including features and functionality, at any time with or without notice. We do not guarantee that any specific feature or functionality will remain available for any period of time.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

4. Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Each account is for a single individual. You may not share your login credentials with others or allow multiple people to use the Service under one account. If we determine that an account is being shared in violation of this provision, we reserve the right to suspend or terminate the account.

5. Free Trial and Subscription Plans

New accounts receive a 14-day free trial with full access to the Service. After the trial period, you must subscribe to a paid plan to continue adding content. Available plans, features, and pricing are described on our pricing page and may change from time to time. We will notify you of any price changes before they take effect.

If you do not subscribe after your trial ends, your account will become read-only. You may view your existing content but will not be able to add new content until you subscribe.

6. Billing and Cancellation

Subscriptions are billed monthly through our payment processor. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. We do not provide refunds for partial months.

Payment processing services are provided by third-party providers. We are not responsible for errors, security breaches, or failures of such providers. Your use of payment services is subject to the terms and conditions of the applicable provider.

7. Your Content

You retain all ownership rights to the content you create and upload to the Service (“Your Content”), including journal entries, letters, photographs, recipes, voice memos, videos, and any other materials. We do not claim any ownership of Your Content.

By using the Service, you grant Wexford Point, LLC a non-exclusive, royalty-free license to use, reproduce, process, and display Your Content solely in connection with operating and providing the Service, including fulfilling any product orders you place. This license exists only for the purpose of delivering the Service to you and terminates when you delete Your Content or close your account, except as set forth in Section 8 regarding archival copies.

We do not sell, share, or monetize Your Content. We do not use Your Content for advertising, marketing, or AI model training. All data is encrypted at rest and in transit.

Notwithstanding the foregoing, the license granted to us shall continue for any residual copies of Your Content maintained in backup or archival systems until such copies are deleted in accordance with our data retention practices described in Section 8.

8. Data Retention

Your Content is stored for as long as your account remains active and in good standing with a paid subscription. If your subscription lapses, your account will become read-only. We are under no obligation to retain Your Content after your subscription ends, but may do so at our discretion for a limited period.

If you delete your account, we will delete Your Content within a commercially reasonable timeframe. Residual copies may remain in backup systems and archival copies for a limited period. You may export Your Content at any time while your account is accessible.

We reserve the right to maintain archival copies of Your Content as necessary for legal compliance, dispute resolution, and enforcement of these Terms.

You are responsible for maintaining copies of Your Content outside of the Service. We recommend that you regularly export and back up your content. While we take reasonable measures to protect and store Your Content, you acknowledge and agree that the Service may experience data loss, corruption, or unavailability. We do not guarantee the integrity, availability, or preservation of any content stored on the Service. To the maximum extent permitted by law, Wexford Point, LLC shall not be liable for any loss, damage, or corruption of Your Content.

9. Long-Term Preservation

We understand that the content you store with us may be deeply personal and irreplaceable. It is our intent to preserve Your Content for the long term for as long as the Service remains in operation. However, this is a statement of intent and not a contractual guarantee of perpetual storage. We do not guarantee that the Service will operate indefinitely, and we make no warranty regarding the continued availability of Your Content beyond the term of your active subscription.

In the event that we discontinue the Service, we will provide you with reasonable advance notice and a meaningful opportunity to export Your Content before it is deleted.

10. Designated Access After Death

Where offered, the Service may include features that allow you to designate a trusted person to access Your Content after your death or incapacity. Such features are subject to the verification procedures published on the Service at the time access is requested. We will make reasonable efforts to honor your delivery and access instructions, but do not guarantee that designated access will be available in all circumstances. This feature may be modified, suspended, or discontinued at any time.

11. No Legal or Estate Planning Advice

The Service is provided for personal, informational, and organizational purposes only. Dear Grandchild is not a will, trust, or other legal instrument, and does not provide legal, financial, or estate planning advice. Any instructions, designations, or content you create within the Service may not be legally enforceable as estate planning documents.

You are solely responsible for consulting with qualified legal professionals regarding your estate planning needs. Wexford Point, LLC disclaims any liability arising from reliance on the Service for legal or estate planning purposes.

12. Delivery Features

The Service allows you to configure delivery rules for your content. Dear Grandchild will never contact any recipient without your explicit instruction. Delivery features are provided as-is and we do not guarantee delivery to recipients whose contact information may be outdated or incorrect.

Once content is delivered to a recipient, we do not control how that recipient stores, shares, or uses the content. We are not responsible for any actions taken by recipients after delivery.

13. Prohibited Uses

The Service is intended for the personal, lawful preservation of memories, stories, and family legacy materials. You agree not to use the Service to store, transmit, or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. You may not use the Service to violate any applicable laws or regulations, infringe on the rights of others, or interfere with the operation of the Service.

You are solely responsible for all content you upload to or create within the Service. We do not monitor, review, or screen Your Content, and we are not responsible for any content stored in your account. If we become aware that Your Content violates these Terms or applicable law, we reserve the right to remove such content and suspend or terminate your account without notice or refund.

14. Account Suspension and Termination

We reserve the right to suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive behavior, or if required by law. You may terminate your account at any time through your account settings or by contacting us. Upon termination, the provisions of these Terms that by their nature should survive will remain in effect, including Sections 7, 8, 11, 17, 18, 19, and 26.

15. Copyright and DMCA

We respect the intellectual property rights of others. If you believe that content on the Service infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (“DMCA”) to legal@deargrandchild.com. Your notice must include identification of the copyrighted work, identification of the infringing material, your contact information, and a statement of good faith belief that the use is not authorized.

16. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

17. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEXFORD POINT, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. Indemnification

You agree to defend, indemnify, and hold harmless Wexford Point, LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or Your Content.

20. Dispute Resolution

In the event of any dispute arising from these Terms or your use of the Service, you agree to first contact us at legal@deargrandchild.com and attempt to resolve the dispute informally for at least thirty (30) days before initiating any legal proceeding.

21. Business Transfers

If Wexford Point, LLC is involved in a merger, acquisition, reorganization, sale of assets, or bankruptcy, your account information and Your Content may be transferred as part of that transaction. We will notify you via the email address associated with your account before Your Content becomes subject to a different set of terms or a different privacy policy, and you will have the opportunity to export Your Content before any such transfer takes effect.

22. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and updating the “Last updated” date. Your continued use of the Service after any changes constitutes acceptance of the revised Terms.

23. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.

24. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wexford Point, LLC regarding the Service.

25. No Fiduciary Relationship

You acknowledge that Wexford Point, LLC is not a fiduciary, trustee, or custodian of Your Content. We do not assume any duty to preserve, manage, or deliver Your Content beyond the obligations expressly stated in these Terms. Our relationship with you is that of a service provider, not a fiduciary.

26. Force Majeure

Wexford Point, LLC shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, internet or service outages, cyberattacks, labor disputes, government actions, or failures of third-party service providers.

27. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if eligible.

Arbitration shall be conducted by a single arbitrator in accordance with the AAA Consumer Arbitration Rules. The arbitration shall take place in the State of New Jersey unless otherwise agreed by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If this arbitration provision or the class action waiver is found to be unenforceable, then the entirety of this arbitration section shall be null and void, and any dispute shall be resolved in the courts of the State of New Jersey. This arbitration provision shall survive the termination of these Terms.

28. Contact

If you have questions about these Terms, contact us at legal@deargrandchild.com.

Wexford Point, LLC
971 US Highway 202N, Suite N
Branchburg, NJ 08876
legal@deargrandchild.com