Legal

The OurFamilyWizard website (“Site”) and mobile application (“App”) (together, “Software”) are operated by OurFamilyWizard, LLC (“OurFamilyWizard”, “We,” “Us,” or “Our”). This Software As A Service Agreement (“Agreement”) is between Us and you (“You” or “Your”), and governs Your use of the Software  including, without limitation, browsing, accessing and/or otherwise using any information, data, content, design, text, graphics and interfaces on the Software (excluding any Customer Data (as defined below)) or any services provided through the Software (“Services”), registering to use the Services, downloading and installing the App, or purchasing any Account Coupons (as defined in Section I). Any rules or policies applied by any app store provider or operator (“App Store”) from whom you downloaded the App (“App Store Rules”) are incorporated into this Agreement by reference.  In the event of conflict between App Store Rules and the terms of this Agreement, the terms of this Agreement shall prevail.  OurFamilyWizard is solely responsible for the Software. Apple, Inc. and Alphabet, Inc. and Amazon.com Services, LLC are not a party to these Terms; however, Apple, Inc., Alphabet, Inc., and Amazon.com Services, LLC and their subsidiaries are third- party beneficiaries of this Agreement as it pertains to the App. As such, once You accept the Agreement, Apple, Inc., Alphabet, Inc., and Amazon.com Services, LLC shall have the right to enforce the obligations included in this Agreement against You as the obligations pertain to the App.  

Please read this Agreement carefully before completing Your registration, using the Software, purchasing any account coupons or using the Services, You agree to the terms of this Agreement. If You do not accept the terms of this Agreement, You may not use the Software or the Services. 

We may revise this Agreement at any time by amending this page. Please check this page from time to time to take notice of any changes We have made, as the changes are binding on You. 

A.   License Grant; Site Access; Information You Provide 

We do not guarantee that the Software, Customer Data (as defined below) or Services will always be available, uninterrupted, and error-free. We will not be liable to You or any third-party if the Software, Customer Data (as defined below) or Services are unavailable.   When we become aware of faults with the Software or Services, We will use reasonable efforts to promptly remedy the faults. For guest users,Software access is permitted on a limited, temporary basis.  We reserve the right, at any time, to a) suspend, b) amend or c) discontinue the Software or any Service. 

You are responsible for making all arrangements necessary for You to have access to the Software including (without limitation) configuring Your information technology and software in order to access the Software.  Any compatibility requirements for the Site will be detailed on the Site. The App may be downloaded or streamed to Your mobile telephone or handheld device (“Device”) and any compatibility requirements will be detailed on the relevant App Store page.  When we update the Softwares, You may need to update Your information technology and software in order to continue using the Software. 

The App may be downloaded, free of charge, from an App Store; however, please note that the use of the Software and the Services on any device will be subject to any rates and fees charged by Your wireless communications services provider. 

All information You provide to Us through the Software must be current, accurate and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate your right to access and use the Software and/or the Services.  

Subject to this Agreement, We hereby grant, and You hereby accept, a limited, non-exclusive, non-transferable, revocable license to access and use the Software. As a condition of Your use of the Software, You warrant that You will not use the Software for any purpose that is unlawful or prohibited by this Agreement. You may not use the Software in any manner that could damage, disable, overburden, or impair the Software, or interfere with any other party's use and enjoyment of the Software. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Software. 

Company Data. All content included as part of the Software, including text, graphics, logos, images, and any licensed software used on the Software, including any improvements or derivatives of such content is Our property (“Company Data”). OurFamilyWizard retains and owns all right, title and interest, including without limitation, all related intellectual property rights, in and to the Company Data. OurFamilyWizard does not grant Customer intellectual property rights in Company Data, except as expressly authorized under this Agreement. 

You agree that You will not copy, modify, alter, revise, paraphrase, display, store, timeshare, sublicense, publish, transmit, sell, rent, lease or otherwise transfer or distribute any Company Data, in whole or in part, or create derivative works thereof, except as specifically authorized herein. You further agree that You will not modify or delete Company Data, including any warnings, notices, liability limitations or other provisions contained on the Software. You agree that You do not acquire any ownership rights in any Company Data. We do not grant any licenses, express or implied, to Our intellectual property or Our licensor’s intellectual property, except as expressly authorized by this Agreement. 

Customer Data. Customer Data includes all a) data, information or material provided to OurFamilyWizard by You or on Your behalf, regarding the subscriber(s) that authorized Your linked account (“Client”), b) User Content (as defined below), and c) Confidential Personal Information (as defined below). The Client retains and owns all right, title and interest, including without limitation, all related intellectual property rights, in and to the Customer Data. You do not grant to OurFamilyWizard intellectual property rights in Customer Data, except as expressly authorized under this Agreement. 

Customer Data must be lawful, current, accurate, and complete. If We discover a material  error or omission in the Customer Data, We may, at Our option, suspend or terminate Your access to the Software. You represent and warrant that You have all rights necessary to receive, use, transmit, and disclose Customer Data to OurFamilyWizard. If OurFamilyWizard determines, in good faith, that a) You do not have the right(s) necessary to receive, use, transmit or disclose the Customer Data or b) the disclosure of the Customer Data violates a law or regulation, OurFamilyWizard may, in its sole discretion, a) suspend or terminate your right to access the Software and  b) remove the Customer Data. 

Shared Data.  Some of the Customer Data disclosed to OurFamilyWizard has shared ownership.  Shared Data includes personal data that has been shared with other subscribers or users.  Shared Data includes messages sent through the Software and is considered personal data of a) the message sender, b) the message recipient(s) and c) when appropriate, the data subject(s) that are identified in the message. Deletion of Shared Data requires affirmative consent of each subscriber connected to the Shared Data. Upon receipt of a request to delete Shared Data, OurFamilyWizard will satisfy the request upon consent of all necessary parties, including, at the minimum, the consent of active subscriber(s) and users connected to the Shared Data. 

Restricted and Prohibited Content.  You agree to not upload, submit, disclose or otherwise provide to the Software or OurFamilyWizard any protected health information (PHI) or electronic protected health information (ePHI) regulated by federal and local regulations (i.e. Health Insurance Portability and Accountability Act (HIPAA); Washington My Health My Data Act). When PHI or ePHI is uploaded, submitted, disclosed or otherwise provided to the Software or OurFamilyWizard, a) You shall bear all risk associated with such disclosure and any usage of the PHI and ePHI and b) OurFamilyWizard will have no liability to You or any third-party relating to such PHI or ePHI. 

B.   Disclaimer  

The Software is not a substitute for the professional judgement of an attorney, mediator or other professional. We do not give legal advice, nor do we provide legal services. You acknowledge that Your reliance upon the SoftwareSystem is solely at Your own risk.  

C. Security and Updates 

A password or another form of authentication (“Authentication Method”) is required to access and use the Software and Services. You are solely responsible for: (1) maintaining the strict confidentiality of the Authentication Method assigned to or created by You; (2) instructing any person to whom the Authentication Method is shared (“Authorized User”) not to disclose the Authentication Method to another person or allow another person to use the Authentication Method to access the Software without Your express permission; (3) any access to or use of the Software  through Your Authentication Method; and (4) any charges, damages or losses that may be incurred or suffered as a result of Your failure, or the failure of an Authorized User, to maintain the strict confidentiality of the Authentication Method. 

You must promptly inform Us in writing of any unauthorised use of Your Authentication Method or of any need to deactivate an Authentication Method due to security concerns.  You are liable for any unauthorised use of the Software. 

We are not liable for any loss or damage arising out of or in connection with the authorisation, disclosure or theft of Your Authentication Method. If, at any time, we reasonably believe that you have failed to comply with this Agreement, We may disable Your Authentication Method and/or Your account. 

OurFamilyWizard may, from time to time, in its sole discretion, develop and provide System updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete, in their entirety, certain features and functionality. You agree that OurFamilyWizard has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. For Apps and based on your mobile device settings, the App will automatically download and install all available Updates; or (b) Apps users may receive notice of or will be prompted to download and install available Updates. Should You fail to promptly download and install an Update, portions of the Software, including the App thereof, may not properly operate. You further agree that all Updates will be deemed part of the System and will be subject to this Agreement.  

D.   Professional Accounts 

A Professional Account gives You the ability to create Parent Accounts for Your Clients.  A Professional Account may be linked with a Parent Account when a) the subscriber of the account  is Your Client,  b) the subscriber has authorized You to view some or all of the information or data in the subscriber’s account, and c) the subscriber has authorized communications through the subscriber’s account.You confirm that You have authority to bind any business on whose behalf You a) use the Software or b) purchase Account Coupons. 

E.   Ownership, License and Use of Intellectual Property 

We are the owner or the licensee of all intellectual property rights (including, without limitation, all copyright and trade marks) in the Software and Company Data. Those works are protected by laws and treaties around the world.  All such rights are strictly reserved.  

You may make or print copies, and may download extracts, of any pages on the Software  solely for Your use of the Software. Any Company Data you download or print may not be altered in any way, and must respect all intellectual property rights and notices.  You agree that You will not copy, modify, alter, revise, paraphrase, display, store, sublicence, publish, transmit, sell, rent, lease or otherwise transfer or distribute the Software  or Company Data, or any part of them, or create derivative works from them, except as specifically authorised in this Agreement. You further agree not to modify in any way, or delete, any warnings, notices, liability limitations, or other licence provisions contained on the Software s or in any Company Data. 

No other rights or licences, whether express, implied or otherwise, are granted or intended by this Agreement. Any unauthorised or unapproved use of the Software or Company Data may constitute infringement of Our, or Our licensee’s rights. In the event of any third party claim that the Software  infringes a third-party’s intellectual property rights, OurFamilyWizard, not Apple, Inc. nor Alphabet, Inc. or Amazon.com Services, LLC, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. 

F. Links to Other Websites and Connecting through Social Media.  

The Software may contain hyperlinks to websites operated by third-parties. We do not control such websites and will not be responsible for a) third-party content, b) any breach of contract, or c) any intentional or negligent action on the part of such third- party, which results in any loss, damage, delay, or injury to You. Inclusion of any linked website on the Software does not imply or constitute approval or endorsement of the linked website by Us. If You decide to leave the Software to access a third-party site, You do so at Your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third-parties will apply to You while on such sites. We are not responsible for information provided by You to any third- party.  

G.   Viruses 

We do not guarantee that the Software  will be secure or free from bugs or viruses.  You should use Your own virus protection software. 

You must not misuse the Software  by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Software , the server on which the Site is stored or any server, computer or database connected to the Software. You must not attack the Software via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Software  will cease immediately. 

H.   Privacy 

Our Privacy Policy sets out the terms on which We process collected personal data. By using the Software, You consent to such processing. 

I.    Services, Fees and Payments 

A Professional Account and the Software available with it are free of charge, subject to the below. 

You may purchase Parent Account coupons (“Account Coupons”) in volume from Us at a discount to the Parent Account subscription prices.  You may offer these to Your Clients as part of Your own services – either for free or resale at a reasonable price.  Each Account Coupon contains a unique code which allows one parent to set up a Parent Account and gives the parent a one-year subscription to the standard subscription services, subject to acceptance of the Parent Account Terms & Conditions.  Details of Parent Account services may be found on the Software  and the Parent Account Terms & Conditions.   

Payments may be made using the following debit or credit cards only: Visa, MasterCard, American Express, Discover, Diner’s Club, Carte Blanche, Maestro UK. Any prices include VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. 

J.    Subscription and Cancellation 

You may cancel a purchase of an Account Coupon at any time within thirty (30) days from the date you purchased the Account Coupon,  provided that none of the relevant Account Coupons has been expended.   No refunds, partial or otherwise, will be given after a) the initial 30-day period has passed or b) any of the relevant Account Coupon has been expended. 

To cancel a purchase, e-mail Us at info@ourfamilywizard.co.uk. You may also telephone Us at +44 (0) 203 514 0008, giving Your name and order details, and specifying the purchase You wish to cancel.  Your cancellation is effective from the date You notify us.  We will e-mail You to confirm We have received Your cancellation.We shall refund You the price You paid for the Account Coupons no later than fourteen (14) days after You inform Us of Your decision to cancel.  The refund will be made to the funding source used during the purchase. 

K.   Acceptable Use 

You may only use the Software for lawful purposes. You may not use the Softwares: (1) in any way that breaches any applicable local, national or international law or regulation; (2) in any way that is unlawful or fraudulent; (3) to transmit or send any unsolicited or unauthorised advertising or promotional material; or (4) to upload or send any information, data or material which does not comply with the this Agreement. You are liable to us for any loss or damage We suffer as a result of Your breach of this Section.  

Any information or data You upload to the Software s and any material in any correspondence You send through the Software  must be lawful, current, accurate, and complete. Under no circumstances shall OurFamilyWizard or its affiliates be liable in any way for information or data You upload to the Software. OurFamilyWizard does not guarantee the accuracy, integrity, or quality of information or data You upload and cannot assure that the data will not be harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable. While under no obligation to review or monitor the data, OurFamilyWizard may, in Our sole discretion, review, alter, edit, and remove uploaded information or data. 

Where We determine, in our discretion, that You have failed to comply with this Section, We will take such action as we consider appropriate.  This may include, without limitation, terminating or suspending Your right to use the Software  and/or the Services, disclosing information to law enforcement authorities, or taking legal action against You for any loss or damage We suffer, and for reimbursement of the costs We incur on an indemnity basis (including, but not limited to, reasonable administrative and legal costs), as a result of Your failure. 

We will not be responsible, or liable to any third party, for the content or accuracy of any information, data or material uploaded or sent by You or any other user of the Software. 

H. Consumer Privacy and Protection.  

The parties acknowledge and agree that for purposes of various jurisdictional Consumer Protection Laws, such as the California Consumer Privacy Act (“Consumer Privacy and Protection Laws”), OurFamilyWizard is a service provider. OurFamilyWizard  certifies that it understands the rules, restrictions, requirements, and definitions of Consumer Privacy and Protection Laws. OurFamilyWizard (a) acknowledges and confirms that it does not receive any Confidential Personal Information (as defined by applicable Consumer Privacy and Protection Laws) (“CPI”)  as consideration for any services or other items provided to You and (b) agrees to refrain from taking any action that would cause any transfers of CPI to or from OurFamilyWizard to qualify as a sale of personal information. OurFamilyWizard shall not retain, use, or disclose CPI except as a) necessary for the specific business purpose of performing the services for OurFamilyWizard, b) pursuant to this Agreement, c)  as required by law or d) as otherwise permitted by mutual consent. OurFamilyWizard further agrees to implement commercially reasonable security measures to protect CPI and agrees to maintain the confidentiality of and safekeep and protect CPI in accordance with applicable laws, regulations, rules and guidelines, including but not limited to, privacy protections under Consumer Privacy and Protection Laws.  

G. Confidential Personal Information  

The Software enables You to transmit, store, and receive CPI regarding Your Clients, Your Client’s family or other persons. You represent and warrant that You will comply with applicable Consumer Privacy and Protection Laws and intellectual property laws that directly or indirectly govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of CPI. You are, at all times, solely responsible for obtaining and maintaining all consents necessary to allow OurFamilyWizard to retrieve, process, transmit, view, disclose, and store CPI in connection with the Software. You agree that We, our licensors, and all other persons or entities involved in the operation of the Software, have the right to monitor, retrieve, store and use CPI in connection with the operation of the Software, and that We are acting on Your behalf in transmitting the CPI. We agree to use commercially reasonable efforts to a) maintain the confidentiality of CPI and b) prevent the unauthorized disclosure of CPI. 

I. Compelled Disclosure 

When OurFamilyWizard determines, in good faith, that a disclosure of Your information is required under applicable law or legal process (including without limitation, by deposition, interrogatory, request for documents, court order, subpoena, civil investigative demand, or similar process), OurFamilyWizard may provide You written notice of such disclosure. If You fail to obtain a protective order or other appropriate remedy to prevent disclosure of the requested information, We will disclose Your information as legally compelled.  The disclosed information shall maintain its confidentiality protection for all purposes other than the legally compelled disclosure. Notwithstanding the foregoing, such notification requirement is waived when such notice is prohibited.  

J. Warranty Disclaimers  

To the maximum extent permitted by applicable law, the Software is provided to You on an “AS IS, WITH ALL FAULTS” basis, and You use is at Your own risk. We make no warranties or representations of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any warranties arising by course of dealing, customer or trade. We make no representation or warranty that the Software nor any Company Data is accurate, complete, appropriate, reliable or timely. We make no representations or warranties with respect to information marked as ‘PRIVILEGED’, as the determination as to whether or not any given information shared through the Services is protected by Attorney-Client Privilege is a fact-specific legal question. We also make no representations or warranties that Your access to and use of the Software: 1) will be uninterrupted or error-free, 2) is free of viruses, unauthorized codes or other harmful components, or c) is secure. You are responsible for taking all precautions You believe are necessary to protect against any claim, damage, loss or hazard that may arise by virtue of Your use of the Software. This disclaimer of warranty constitutes an essential part of the Agreement.  

K. Limitation of Liability  

To the maximum extent permitted by law, no party shall be responsible or liable for any direct, compensatory, indirect, incidental, consequential (including lost profits and lost business opportunities), special, exemplary, or punitive damages resulting from or related to a) use of the Software or any services offered thereon, b) reliance on the Customer Data or Company Data, or c) errors, inaccuracies, omissions, defects, untimeliness, security breaches or any other failure to perform by OurFamilyWizard or other content providers. The foregoing exclusion shall apply regardless of whether a party has been advised of the possibility of such damages.    

If either party should have any liability for any loss, harm or damage, such liability shall not exceed the lesser of $1,000 or the total amount of fees paid by You to Us during the twelve (12) months immediately preceding the day the act or omission occurred which gave rise to such claim. The foregoing Limitation of Liability is an agreed upon allocation of risk between  You and OurFamilyWizard which considers the fees We charge You to use the Software, if any.  

L. Indemnity  

You agree to defend, indemnify and hold OurFamilyWizard harmless from any claims, losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees; and other costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) use of the Software and any services offered thereon by You,  (3) the unauthorized or unlawful use of the Software by You, and (4) any claim that the Customer Data  violates the intellectual property rights of a third-party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses. In the event of any third-party claim that the Software infringes upon that third-party’s intellectual property rights, OurFamilyWizard will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  

M.   Disclosure and Privilege 

You agree that English law and court procedure relating to disclosure and privilege apply to any information transmitted, stored, received and processed through the Software.  We are not liable to You or any third-party for the disclosure of any such information in compliance with a court order. 

P.   Force Majeure 

We are not liable to You for any delay or failure to perform our obligations under this Agreement or the Services as a result of an event beyond our reasonable control including, without limitation, an act of God, natural disaster, terrorist attack, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, explosion, flood, storm or other extreme adverse weather, or interruption or failure of utility service or electronic communications networks.  In such circumstances, We shall be entitled to a reasonable extension of the time for performing such obligations. 

R.   Termination of Agreement 

We may terminate this Agreement and / or Your right to use the Software  and / or the Services at any time when You a) commit any breach of this Agreement b) create any potential legal exposure for Us or c) are or become subject to any insolvency proceedings or related event. 

On termination or cancellation of this Agreement, You must immediately delete or remove the App from your Devices, and immediately destroy all copies of the App and Company Data then in Your possession, custody or control and certify to Us that You have done so. 

Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities that have accrued up to the date of termination or expiry. 

Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this Agreement  shall remain in full force and effect. 

S. Assignment, Waiver and Governing Law  

We may assign these Terms, in whole or in part, in Our sole discretion. You may not assign Your rights under these Terms without our prior written permission. Any attempt by You to assign Your rights under these Terms without our permission shall be void. The waiver by Us of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms shall remain in full force and effect.  

Depending on where You reside, these Terms are governed by either a) the laws of the state of Minnesota or b) English law. Any claim or dispute related to the Software or under these Terms, the Privacy Policy, and any legal notices on this Software, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. Users agree to  bring any claims in, and submit to the exclusive jurisdiction of a) the state and federal courts located in the County of Hennepin, in the state of Minnesota, or b) the courts of England and Wales. You may also have the right to submit a complaint through the EU’s Online Dispute Resolution platform but this shall not prevent either of us commencing or continuing court proceedings in relation to any matter. 

U.   Severance 

If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified or deleted to the minimum extent necessary to make it valid, legal and enforceable without affecting the validity and enforceability of the rest of this Agreement. 

V.   Third-Party Rights 

No third-party shall have any right to enforce this Agreement other than any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries. 

W.   Entire Agreement 

This Agreement constitutes the entire agreement between You and Us and supersedes and extinguishes all previous agreements, warranties, representations, understandings and communications relating to its subject matter. You agree that You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. You agree that You shall have no claim for innocent or negligent misrepresentation based on any statement in this Agreement.