The agreement between us

These terms apply when you use MyLifeMemoir. By creating an account you agree to them. Please read section 5 (automatic renewal), section 9 (what we are not responsible for) and section 12 (what happens if the account holder dies) in particular - those are the ones that most affect you.

1.Who we are

MyLifeMemoir is a product of Senior Care Resources, with offices at 4500 Walnut Street, McKeesport, PA 15132 and 26811 South Bay Drive, Suite 270, Bonita Springs, FL 34134. “We” and “us” mean Senior Care Resources; “you” means the person who holds the account.

2.What the membership is

A membership covers one storyteller’s memoir. It gives you access to the guided interview, transcription of your answers, storage for your recordings and uploads, the written chapters produced from your answers, the family tree, the contribution invitations, the private sharing link, and the ability to build and download your memoir as a PDF.

You must be at least 18 years old to hold an account, and the details you give us must be accurate.

3.What it costs

The membership is $159 per year. New members begin with a 30-day free trial that does not require a payment card.

Storage above 2 GB is $20 per additional GB per year. A professionally printed and bound book is a separate, optional purchase at the printer’s cost plus shipping and a service fee, quoted to you before you order. You are never required to order one.

Prices may change for future terms. If a price changes, we will tell you before the change takes effect and you may cancel rather than accept it.

4.The free trial

The trial lasts 30 days and asks for no payment card. Because we have no card, nothing is charged automatically when it ends - the membership simply stops unless you choose to continue.

We email you seven days before the trial ends, the day before, and a week after. Please download anything you want to keep before it expires - see section 11.

5.Automatic renewal, and how to cancel

There is no cancellation fee and no minimum number of terms. We do not require you to telephone us, and we will not put you through a retention script.

6.Your content is yours

You keep ownership of everything you record and upload. You grant us only the permission we need to run the service for you: to store your content, process it to produce transcripts, follow-up questions, chapters and books - including by sending it to the service providers listed on our privacy page, who act on our instructions - and display it to the people you choose to share it with. That permission is non-exclusive, is limited to operating and supporting the service, and ends when you delete the content or the account.

We will not use your stories, recordings or photographs in our marketing without asking you separately and getting your agreement in writing.

7.What you promise us

• That you have the right to upload what you upload - that the photographs are yours or your family’s, and that you are not posting someone else’s copyrighted work.
• That you have permission to record anyone you record. Recording laws differ from state to state, and several states - including Pennsylvania and Florida - require the consent of everyone being recorded. If you are recording a conversation rather than your own answers, get their agreement first.
• That when you write about other people - and a memoir always does - you will not use the service to harass anyone or to publish material that is unlawful.
• That you will look after your sharing links. Anyone holding one can read the memoir it points to until you revoke it.
• That you will not attempt to break, overload or gain unauthorised access to the service, or use it to build a competing product.

8.What we promise, and what we do not

We will provide the service with reasonable care and skill, and we will tell you honestly what it does - that is the standard the rest of this website is written to.

9.What we are not responsible for, and the limit on what we owe

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or the cost of substitute services.

We say this plainly because it matters: the money we could owe you would never replace a lost memoir. That is why we build the service so that you can always take your material out, and why we ask you to. Download the PDF of your book from time to time and keep a copy of your own. It is the only protection that is genuinely proportionate to what is at stake.

10.If someone brings a claim about what you uploaded

You agree to defend and indemnify us against any third-party claim arising from content you uploaded or shared - for example, a claim that a photograph was somebody else’s copyright, or that a person was recorded without consent. We will tell you promptly if such a claim arises, will not settle it without your agreement, and will co-operate with you in dealing with it.

11.Cancelling, and what happens then

You may cancel at any time. Your membership runs to the end of the period you have paid for.

When a membership ends - by cancellation or by a trial expiring - your memoir and uploaded files are permanently deleted. We do not retain data for cancelled or expired accounts, and we cannot recover it afterwards. This is deliberate: we would rather not hold a person’s life story indefinitely after they have stopped asking us to.

Before that happens you will have received the notices described in sections 4 and 5, so nothing is ever deleted without warning. Please use that time to download your book as a PDF and your uploaded photographs and documents.

We may suspend or end an account that breaches section 7, or if we stop offering the service. If we discontinue the service we will give you at least 60 days’ notice and a refund of the unused part of your term, and you will be able to export everything during that period.

12.If the account holder dies or becomes unable to manage the account

This deserves saying clearly, because it is the situation a memoir is most likely to meet.

We will not delete a memoir because its author has died and nobody knew the renewal date. If you tell us that the account holder has died or is no longer able to manage their affairs, we will place the account on hold rather than let it lapse, and we will not delete anything while it is on hold.

To release a memoir to a family, we will ask for:

• proof of death or of incapacity;
• evidence that you are the personal representative or executor of the estate, or hold a power of attorney, or are otherwise entitled to act; and
• identification.

We will then either transfer the account to that person or provide an export of the memoir - the book as a PDF, and the original recordings and uploads.

You can make this far easier by telling us in advance who should be contacted, and by sharing the read-and-listen link with your family while you are able to. A memoir that your family can already open is a memoir that never needs a probate court to reach them.

13.Privacy, and what we promise about your content

How we handle your material is set out on our privacy page, which forms part of this agreement. In short: you own it, we do not sell it, it is private until you share it, and you can export or delete it.

The following four undertakings are terms of this agreement, not a description of our current practice that we could quietly revise:

We put these here rather than only on the privacy page deliberately. A privacy page is a statement of what a company does; a term of the agreement is a thing you can hold it to. If we ever break one of these, that is a breach of our agreement with you and not merely a change of policy - and we would like you to write to info@seniorcareres.com and say so.

The privacy page names every provider that touches your content and says exactly what each one receives.

14.Changes to these terms

If we change these terms in a way that materially affects you, we will email you at least 30 days before the change takes effect. If you do not accept the change, you may cancel before it applies and we will refund the unused part of your term. The date at the top of this page always reflects the current version.

15.If something goes wrong between us

Talk to us first. Before starting any formal proceeding, please email info@seniorcareres.com describing the problem and what you would like done about it, and give us 30 days to put it right. Most things are fixable, and we would much rather fix them. We agree to the same obligation before bringing any claim against you.

Governing law. These terms, and any dispute arising out of or relating to them or to the service, are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.

Where disputes are heard. The state and federal courts located in Lee County, Florida have exclusive jurisdiction, and both of us consent to the personal jurisdiction of those courts. This does not prevent either of us from bringing a claim in small-claims court where it qualifies.

16.General

• Severability. If any provision of these terms is held unenforceable, the rest remains in force and that provision is applied to the greatest extent permitted.
• No waiver. If we do not enforce a provision on one occasion, that is not a waiver of it.
• Entire agreement. These terms and the privacy page are the whole agreement between us about the service, and replace any earlier understanding.
• Assignment. You may not transfer your account without our agreement, except as described in section 12. We may transfer this agreement to a successor if our business is sold, and we will tell you if that happens.
• Notices. We will contact you at the email address on your account. You can reach us at info@seniorcareres.com or at either office listed on our contact page.

17.Getting in touch

Write to info@seniorcareres.com, or telephone one of the offices on our contact page. If something has gone wrong, tell us before you tell a lawyer - we would much rather fix it.