Terms of service
Heirloom Terms and Conditions
Welcome to Heirloom.
Our mission is simple: help individuals, families, and organizations preserve, organize, and enjoy their most important memories and digital assets.
These Terms and Conditions ("Terms") govern your use of Heirloom Cloud Corporation's websites, applications, cloud services, digitization services, data recovery services, shipping services, and related offerings (collectively, the "Services").
By creating an account, placing an order, accessing our website, submitting media, or otherwise using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, please do not use our Services.
1. Eligibility
You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to use our Services.
If you are under eighteen (18), you may use our Services only with the involvement and consent of a parent or legal guardian.
2. Your Account
To access certain Services, you may be required to create an account.
You agree to provide accurate and current information, including your name, email address, telephone number, and mailing address.
You are responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account.
You agree to promptly notify Heirloom if you believe your account has been compromised.
3. Communications
By creating an account or placing an order, you consent to receive communications from Heirloom regarding your account, orders, security notifications, invoices, service updates, and customer support matters.
Communications may be delivered by email, telephone, text message, mobile notification, or postal mail.
You may opt out of promotional communications at any time, but operational communications related to your account or services may still be sent.
4. Ownership and Authority to Submit Materials
You represent and warrant that you have the legal right to submit any materials provided to Heirloom.
By submitting physical media, digital media, storage devices, cloud accounts, credentials, files, photographs, videos, audio recordings, documents, or other content, you represent and warrant that:
(a) You are the lawful owner of the submitted materials; or
(b) You possess all necessary authority, permissions, licenses, or legal rights to authorize Heirloom to recover, digitize, duplicate, transfer, store, process, or otherwise perform the requested Services.
Heirloom does not verify ownership, inheritance rights, executor authority, chain of custody, account ownership, or authorization rights.
Heirloom relies entirely upon your representations.
You agree to indemnify and hold harmless Heirloom from any claims arising from allegations that you lacked authority to submit materials.
5. Acceptable Use
You may use our Services only for lawful purposes.
You may not use our Services to:
• Violate any law or regulation;
• Infringe the rights of others;
• Submit stolen or unauthorized materials;
• Transmit fraudulent information;
• Distribute malware or harmful code;
• Circumvent security measures;
• Interfere with our systems or Services;
• Access accounts or information belonging to others without authorization.
Heirloom reserves the right to suspend or terminate Services for violations of this section.
6. Illegal or Prohibited Content
Heirloom does not routinely review customer content except as reasonably necessary to perform requested services, comply with legal obligations, protect our systems, or safeguard users.
If Heirloom reasonably believes submitted content may be unlawful, stolen, fraudulent, or otherwise prohibited, Heirloom may:
• Refuse service;
• Suspend processing;
• Preserve evidence;
• Terminate accounts;
• Report information to law enforcement or governmental authorities;
• Comply with subpoenas, warrants, court orders, or other lawful requests.
Heirloom shall not be liable for actions taken in good faith to comply with applicable law.
7. Digitization and Data Recovery Services
Many forms of media deteriorate over time.
While Heirloom employs commercially reasonable methods and industry best practices, we cannot guarantee successful recovery, digitization, conversion, restoration, or transfer of every submitted item.
Media may be unreadable, damaged, incomplete, degraded, corrupted, contaminated, or otherwise unsuitable for processing.
No guarantee is made regarding:
• Image quality;
• Audio quality;
• Video quality;
• Recovery success rates;
• Data completeness;
• Metadata preservation;
• Compatibility with future software or hardware.
Customers are charged only for services successfully performed unless otherwise stated.
8. Data Recovery Services
Data recovery services may reveal deleted, hidden, corrupted, encrypted, private, confidential, or previously inaccessible information.
Heirloom does not determine ownership of recovered information and relies entirely upon customer representations regarding authority to access such information.
Recovered data may be incomplete, corrupted, or unusable.
Heirloom makes no guarantee regarding the amount, condition, or usability of recovered data.
9. Shipping and Risk of Loss
Heirloom works with third-party carriers including USPS, UPS, FedEx, and other logistics providers.
Delivery times are estimates only.
While materials are in Heirloom's possession, we maintain commercially reasonable safeguards and insurance coverage as determined by our policies and carriers.
Heirloom is not responsible for delays caused by carriers, weather events, labor disruptions, customs issues, or circumstances beyond our reasonable control.
Customers are responsible for properly packaging items unless using Heirloom-provided shipping materials.
10. Privacy and Data Protection
Protecting customer privacy is a core principle of Heirloom.
Heirloom does not sell, rent, or otherwise monetize customer content or personal information.
Our collection, use, storage, and protection of information are governed by our Privacy Policy, which is incorporated into these Terms by reference.
To provide our Services, Heirloom may utilize third-party cloud providers, payment processors, communication providers, shipping carriers, and other service providers. You consent to the transfer and processing of information necessary to operate our Services.
While Heirloom employs commercially reasonable administrative, technical, and physical safeguards, no system can guarantee absolute security. You acknowledge that transmission and storage of information over the internet involves inherent risks.
11. Cloud Storage Services
Heirloom may provide cloud-based storage and sharing services for customer content.
You retain ownership of content you upload or submit to the Services.
By using our cloud services, you grant Heirloom a limited license to host, store, transmit, backup, display, and process your content solely as necessary to provide the Services you request.
You remain solely responsible for maintaining independent backups of important content.
Although Heirloom employs redundancy and backup systems, no storage system is immune from hardware failures, software defects, cyberattacks, user error, force majeure events, or other unforeseen circumstances.
Heirloom does not guarantee uninterrupted availability of cloud services.
12. Third-Party Services
Our Services may integrate with or provide access to third-party websites, software, applications, payment processors, shipping carriers, or cloud providers.
Your use of such services is governed by their respective terms and policies.
Heirloom is not responsible for the availability, content, security, actions, or practices of third parties.
13. Fees, Payments, and Taxes
Customers agree to pay all fees associated with Services ordered from Heirloom.
Payment may be required before, during, or after services are performed depending on the nature of the service.
Invoices not paid when due may be subject to suspension of services, withholding of deliverables, storage fees, collection efforts, or other remedies available under law.
Customers are responsible for all applicable taxes except taxes based solely upon Heirloom's income.
Pricing, promotions, and service offerings may be modified at any time without notice.
14. Storage Fees and Unpaid Balances
Heirloom is not a long-term storage facility.
Physical media, recovered data, completed projects, and other customer property remaining in Heirloom's possession beyond thirty (30) days after notice of completion may be subject to reasonable storage fees.
Storage fees may accrue monthly until the order is completed, shipped, picked up, or otherwise resolved.
Customers remain responsible for all storage fees, shipping costs, taxes, and other amounts due.
15. Abandoned Property
Customers are responsible for maintaining accurate contact information and responding to communications regarding their orders.
If Heirloom is unable to obtain payment, shipping instructions, pickup arrangements, or communication from a customer within ninety (90) days after completion of services, Heirloom may begin assessing storage fees.
If no response is received within one hundred eighty (180) days, Heirloom may issue a final notice using any contact information provided by the customer.
If no response is received within three hundred sixty-five (365) days following completion of services, the order and associated materials shall be deemed abandoned property.
Upon abandonment, Heirloom may:
• Dispose of physical media;
• Destroy physical media;
• Recycle physical media;
• Delete digital files and backups;
• Donate non-sensitive materials;
• Recover costs associated with storage and disposal.
Customers release Heirloom from all liability arising from the disposal, destruction, deletion, recycling, or abandonment of materials under this section.
16. Possessory Lien
To the fullest extent permitted by law, Heirloom shall have a possessory lien against any materials in its possession for unpaid balances, shipping charges, storage fees, taxes, collection costs, and other amounts owed.
Heirloom may retain possession of submitted materials until all outstanding balances are paid in full.
17. Intellectual Property and Copyright
Customers retain ownership of content submitted to Heirloom.
Heirloom retains ownership of all intellectual property associated with its websites, software, applications, trademarks, logos, trade dress, business processes, and Services.
Nothing in these Terms transfers ownership of Heirloom intellectual property to any customer.
You may not reproduce, distribute, reverse engineer, modify, or exploit Heirloom intellectual property without prior written consent.
18. Copyright Compliance and DMCA
Heirloom respects intellectual property rights and expects customers to do the same.
By submitting materials, you represent and warrant that you have all necessary rights and permissions to authorize the requested services.
Heirloom reserves the right to refuse any order that may violate copyright laws or other intellectual property rights.
If Heirloom receives a valid claim of infringement, we may remove content, suspend services, preserve evidence, or take other actions required by law.
Copyright notices may be submitted to:
Heirloom Cloud Corporation
Attn: Legal Department
legal@heirloom.cloud
19. Indemnification
You agree to defend, indemnify, and hold harmless Heirloom, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from and against all claims, damages, losses, liabilities, judgments, settlements, fines, penalties, expenses, and attorneys' fees arising from:
• Your use of the Services;
• Your violation of these Terms;
• Your violation of any law;
• Your infringement of intellectual property rights;
• Your lack of authority to submit materials;
• Disputes involving ownership, possession, or access rights to submitted materials.
20. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
HEIRLOOM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, AND UNINTERRUPTED SERVICE.
HEIRLOOM DOES NOT GUARANTEE:
• Successful recovery of data;
• Successful digitization of media;
• Preservation of all content;
• Uninterrupted service availability;
• Error-free operation;
• Compatibility with future hardware or software;
• Specific quality levels or outcomes.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HEIRLOOM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
THIS INCLUDES LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF REVENUE, OR LOSS OF OPPORTUNITY.
HEIRLOOM'S TOTAL LIABILITY ARISING FROM ANY CLAIM SHALL NOT EXCEED THE GREATER OF:
(A) ONE HUNDRED DOLLARS ($100); OR
(B) THE AMOUNT ACTUALLY PAID BY CUSTOMER TO HEIRLOOM FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
For physical media, Heirloom's liability for loss or damage shall be limited to replacement with equivalent blank media or the cost of equivalent blank media.
The sentimental, historical, emotional, personal, or informational value of submitted materials is specifically excluded from any damage calculation.
22. Force Majeure
Heirloom shall not be liable for delays, interruptions, failures, losses, or damages resulting from causes beyond its reasonable control.
Such events include, without limitation:
• Natural disasters;
• Fire;
• Flood;
• Hurricane;
• Pandemic;
• Epidemic;
• War;
• Terrorism;
• Civil unrest;
• Labor disputes;
• Utility failures;
• Internet outages;
• Cyberattacks;
• Government actions;
• Supply chain disruptions;
• Transportation interruptions.
Performance shall be excused for the duration of the affected event.
23. Suspension and Termination
Heirloom may suspend, restrict, or terminate access to Services at any time if:
• You violate these Terms;
• You fail to pay amounts due;
• We reasonably believe your use creates legal, security, or operational risk;
• Required by law.
Termination does not relieve customers of obligations incurred prior to termination.
24. Dispute Resolution and Arbitration
Any dispute, claim, or controversy arising from or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA).
The arbitration shall be conducted before a single arbitrator.
The arbitration shall take place in Charleston County, South Carolina, unless otherwise required by applicable law or agreed by the parties.
Each party shall bear its own attorneys' fees and costs unless otherwise awarded by the arbitrator.
YOU AND HEIRLOOM WAIVE ANY RIGHT TO A JURY TRIAL.
YOU AND HEIRLOOM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
25. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to conflict of law principles.
26. Changes to These Terms
Heirloom may update these Terms from time to time.
Updated Terms become effective upon posting to our website.
Continued use of the Services following any update constitutes acceptance of the revised Terms.
27. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
28. Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Heirloom regarding the Services and supersede all prior agreements or understandings.
29. Contact Information
Heirloom Cloud Corporation
11 eWall Street Suite 115
Mount Pleasant, South Carolina 29464
Email: legal@heirloom.cloud
If you have questions regarding these Terms, please contact us using the information above.