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Guide, Feedback, and Issue Reporting



TERMS OF SERVICE

Welcome to Parentfile! These Terms of Service (the “Terms”) are a legally
binding contract and govern your access to, and use of, the website at
Parentfile | Save what matters most (the “Site”) and other digital products and
services (the “Services”) offered by Aspatore Ventures, LLC, a Delaware limited
liability company, doing business as Parentfile, (“Parentfile,” “we,” or “us”).

 

These Terms provide important information, including your agreement to grant us
rights to your content, our limitation of liability, your waiver of any right to
participate in a class action, and your agreement to resolve any disputes
between you and Parentfile by binding individual arbitration. By using the
Services, and/or by clicking a box that states that you accept or agree to the
Terms, you agree to be bound by these Terms.

 

It is important that you carefully read and understand these Terms. If you do
not agree to these Terms, you should not use the Services.

 

CHANGES TO THESE TERMS OR THE SERVICES

 
We reserve the right to change these Terms from time to time, in our sole
discretion. In addition, we may change or stop providing the Services at any
time. All changes are effective immediately. You agree that your continued use
of the Services following such changes constitutes your acceptance of such
changes to these Terms.



YOUR PRIVACY

 
You acknowledge and agree that any personal information that you provide or that
we collect in connection with the Services will be treated in the manner
described in our Privacy Policy, which can be found at Privacy  Our Privacy
Policy is incorporated into these Terms.



REGISTRATION AND YOUR ACCOUNT

 
In general, you can access and browse portions of the Site without registering
as a member with Parentfile. However, you will need to sign up for a user
account to use some of our Services, and get full access to Parentfile (the
“Parentfile Platform”). Any use by anyone under the age of 13 is prohibited.



You agree that the information that you provide us during registration is
accurate, complete, and current and that you will update your information with
us to keep it accurate, complete and current. You are solely responsible for
your account and all activity associated with your account, including
maintaining the confidentiality of your password. You may designate, at your
discretion, third parties who can have access to, and even edit, your Parentfile
profile, whole or in part.

 

Notwithstanding anything to the contrary contained in these Terms, you have the
option to designate one or multiple beneficiaries. The primary beneficiaries of
your account are individuals who will inherit the data contained in your account
at your death. You may designate primary beneficiaries in your account settings
by entering the beneficiaries names in your account settings, or by emailing us
at support@parentfile.com

 

Initially, your account is allocated 512 MB of storage capacity. Additional
storage is available for purchase, as described below.

 

ANNUAL AND MONTHLY MEMBERSHIPS AND FEES

 
We offer a variety of trials, monthly and annual plans (each a “Subscription,”
collectively “Subscriptions”) to users who wish to use the Parentfile Platform
(the “Member”). Upon completing the registration process, each Member accepts
membership in the Parentfile Platform. By purchasing a Subscription in the
Parentfile Platform, you agree and acknowledge that your Subscription has an
initial and recurring (monthly or annual, as the case may be), non-refundable,
payment charge (including applicable taxes) at the then-current rate, and you
accept responsibility for all recurring charges prior to cancellation,
including, where applicable, any charges processed by Parentfile after the
expiration date of your payment card.



With respect to Subscriptions, you agree that Parentfile may submit monthly or
annual charges, as the case may be, to your chosen payment method without
further authorization from you, until you provide 30-day prior notice that you
wish to terminate this authorization or to change your payment method by
e-mailing us at support@parentfile.com.

 

To cancel your Subscription with at least 30-day prior notice, you may send us a
message at support@parentfile.com and we will do it for you. If you cancel, you
may use your Subscription until the end of your then-current Subscription term.
If we do not receive notice of your cancellation within 30-day of your next
scheduled payment date, we reserve the right to charge your chosen payment
method for that year.

 

SUBSCRIPTION STORAGE UPGRADES

 

If you are on a plan for $1 for your first month (or any other time period), you
may save up to 30 items. If you go above this, you must upgrade to our $50/year
plan to be able to continue saving more items. If you are on a plan for
$50/year, you may save up to 200 items. If you go above this, you must upgrade
to our $95/year plan to be able to continue saving more items. For our VIP Plan,
you may save unlimited items, but you are still bound to the amount of storage
that is provided with that plan. Pricing and storage amounts for specific levels
are subject to change.

 

Additional storage is available for purchase on a subscription basis. By
upgrading your storage, we will automatically charge on a recurring basis the
storage fee for the storage plan you choose, including any applicable taxes, to
the payment method associated with your account. For details about storage plans
and pricing, please to your account settings tab in your account. You can change
your subscription by upgrading or downgrading your storage in the settings on
your computer.

 

PAYMENTS

 

If you provide credit or debit card information to purchase a Subscription, we
use this information as described in our Privacy Policy. To the extent permitted
by applicable law and subject to our Privacy Policy, you acknowledge and agree
that we may use certain third-party payment processors.

 

If you purchase a Subscription through our Services, you agree to pay all
applicable fees and taxes. By providing your payment information to us, or our
third party payment processor, you represent and warrant that you are legally
authorized to provide such information and that you are legally authorized to
initiate payments using such information.

 

If you purchase additional storage, the applicable storage fee for an upgraded
storage plan will take effect immediately; downgrades to your storage plan will
take effect on the next annual or monthly billing date. YOU ARE RESPONSIBLE FOR
THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH VALID CREDIT CARD OR
PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. If we are unable to
successfully charge your credit card or payment account for storage fees due, we
reserve the right to revoke or restrict access to your stored content, delete
your stored content, or terminate your account.

 

YOUR USE OF THE SERVICES

 

Subject to these Terms, Parentfile grants you a limited, non-exclusive,
non-transferable, and revocable license to use the Services. This license is for
the sole purpose of enabling you to use and enjoy the benefit of the Services as
provided by Parentfile, in the manner permitted by these Terms. The rights
granted to you constitute a limited license and not a transfer of title. All
right, title, and interest in and to the Services (excluding content provided by
users) are and will remain the exclusive property of Parentfile and its
affiliates.

 

You are prohibited from any use of data mining, robots, or any other data
gathering and extraction tools in your use of the Services.

 

The Services are protected by copyright, trademark, other laws of the United
States, and possibly by jurisdictions outside of the United States. Nothing in
these Terms gives you a right to use Parentfile’sintellectual property,
including but not limited to Parentfile’s name or any of Parentfile’s
trademarks, logos, domain names, other distinctive brand features, or
copyrights.

 

YOUR CONTENT

 

The Services allow you to post content, including without limitation, your name,
any biographical information, messages or other text, graphics, photo, video or
audio, and other materials. Anything that you post or otherwise make available
on the Services is referred to as “User Content.” You retain all rights in, and
are solely responsible for, the User Content you post to the Services.

 

You grant Parentfile and its affiliates, licensees and sublicensees a perpetual,
non-exclusive, royalty-free, transferable, sublicensable, worldwide license to
use, store, display, reproduce, re-post, modify, create derivative works,
perform, and distribute your User Content in any and all media or distribution
methods (whether now known or later created) without any further consent,
notice, or compensation to you.

 

By submitting User Content, you represent and warrant that such User Content is
your own original work, is submitted with the express permission of the owner,
or is in the public domain and that you have the right to make the User Content
available to us for all of the purposes contemplated in these Terms. You further
represent and warrant that such User Content is not defamatory and does not
infringe any law or the intellectual property or other proprietary rights of any
third party.

 

You agree that you will not post User Content that is violates or encourages any
conduct that violates laws or regulations. We reserve the right to remove or
modify User Content for any reason, including but not limited to User Content
that we believe, in our sole discretion, violates these Terms or our policies.

 

YOUR CONDUCT

 

In order to preserve the reputation of Parentfile and enable us to continue to
offer the Site and Parentfile Platform, if you are a Member, you agree to use
the Services only for lawful purposes and in a manner that does not infringe the
rights of, or restrict the use and enjoyment of the Services by us, other users
of the Services and/or any third party. Such restriction includes conduct which
is unlawful, or which may, in Parentfile’s sole opinion, harass or cause
distress or inconvenience to any person and the transmission of obscene,
defamatory, or offensive content, or result in any disruption, within the
Services.

 

You may not do any of the following while accessing or using the Services: (i)
access, tamper with, or use non-public areas of the Services, Parentfile’s
computer systems, or the technical delivery systems of Parentfile’s providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach
or circumvent any security or authentication measures; (iii) access or search or
attempt to access or search the Services by any means (automated or otherwise)
other than through our currently available, published interfaces that are
provided by Parentfile; (iv) forge any TCP/IP packet header or any part of the
header information in any email or posting, or in any way use the Services to
send altered, deceptive or false source-identifying information; or (v)
interfere with, or disrupt, (or attempt to do so), the access of any user, host
or network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Services, or by scripting the creation of
User Content in such a manner as to interfere with or create an undue burden on
the Services.

 

COPYRIGHT POLICY/INTELLECTUAL PROPERTY POLICY

 

We respect the intellectual property rights of others and expect users of the
Services to do the same. We will respond to notices of alleged intellectual
property infringement, including but not limited to copyright infringement, that
comply with applicable law and are properly provided to us. If you believe that
your content has been copied in a way that constitutes copyright infringement,
please submit a claim by e-mailing us or by writing to us at the contact
information provided below.

 

LINKS

 

The Services may contain links to third party websites, advertisers, services,
or other content that is not owned or controlled by Parentfile. We do not
endorse or assume any responsibility for such third party sites, information,
products, or services. If you access any third party website, service or content
from Parentfile, you do so at your own risk and agree that we will have no
liability arising from your use of or access to any third party website, service
or content.

 

SECURITY

 

We care about the security of our users. While we work to protect the security
of your content and account, we cannot guarantee that unauthorized third parties
will not be able to defeat our security measures. Please notify us immediately
of any compromise or unauthorized use of your account.

 

TERM AND TERMINATION

 

These Terms are effective from the date that you first access the Services or
submit any information to Parentfile, whichever is earlier, and will remain
effective until terminated in accordance with its terms, except for those terms
that survive termination.

 

Parentfile may terminate or suspend your user account at any time, in our
absolute discretion, with or without notice, for any or no reason. You can
terminate your account at any time.

 

Upon termination of these Terms, your right to use the Services will immediately
cease. All disclaimers, limitations of liability, indemnification, Parentfile’s
rights of ownership and licenses to Parentfile will survive any termination.

 

Following termination or deactivation of your account, or if you remove any User
Content from the Service, we may retain your User Content for backup, archival,
or audit purposes. Furthermore, Parentfile and its affiliates, licensees, and
sublicensees and other users of the Services may retain and continue to use,
store, display, reproduce, modify, create derivative works of, perform, or
distribute any of your User Content that have been stored or shared through the
Service. We will retain personal information in accordance with our Privacy
Policy.

 

We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Services or any part or portion thereof, with or
without notice to you. You agree that we will not be liable to you or any third
party for any modification, suspension, or discontinuance of the Services, or
any part or portion thereof. Nothing in these Terms will be construed to
obligate Parentfile to maintain or support the Services, or any part or portion
thereof, during the term of these Terms.

 

INDEMNITY

 

As a condition of your access to and use of the Services, you agree to indemnify
and hold harmless Parentfile and its subsidiaries, affiliates, licensors,
licensees, shareholders, officers, directors, employees, agents and other
partners, from and against any claims, suits, proceedings, disputes, demands,
liabilities, damages, losses, costs and expenses, including, without limitation,
reasonable legal and accounting fees (including costs of defense of claims,
suits or proceedings brought by third parties), in any way related to (a) your
access to or use of the Services, (b) your User Content, (c) any breach of these
Terms, or (d) any claim or allegation that you have violated the intellectual
property rights of other users or third parties. You will not enter into a
settlement of the foregoing without our prior written approval.

 

LIMITATION OF LIABILITY

 

By using the Services you may encounter content or information that might be
inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise
harmful or objectionable. We provide no guarantees regarding the content posted
by other users or third parties.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARENTFILE SHALL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF
PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF
DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL PARENTFILE’S
AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF
ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS PAID BY YOU TO PARENTFILE FOR THE
PAST SIX MONTHS FOR THE SERVICES.

 

THE LIMITATIONS IN THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER
BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE
AND WHETHER OR NOT YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE,
AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE ARISING OUT OF, RELATED TO, CAUSED BY, OR RESULTING IN ANY WAY FROM (1)
THE USE OF THE SERVICES; (2) THE INABILITY TO USE THE SERVICES; (3) MODIFICATION
OF OR REMOVAL OF ANY PORTION OF THE SERVICES, OR THE CONTENT OFFERED THEREIN;
(4) THESE TERMS; (5) THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, OR
SUITABILITY OF ANY CONTENT OR THE SERVICES FOR ANY PARTICULAR PURPOSE; (6)
DEFECTS IN THE CONTENT OR THE SERVICES; (7) ERRORS, INACCURACIES, OR OMISSIONS
IN THE CONTENT OR THE SERVICES; (8) DAMAGE FROM ANY SECURITY BREACH OR ANY OTHER
SECURITY INTRUSION, OR ANY VIRUS, BUGS, OTHER MALICIOUS SOFTWARE OR HARMFUL
COMPONENTS, TAMPERING, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER
MALFUNCTION[PB1] ; (9) TERMINATION OF YOUR SUBSCRIPTION; OR (10) THE USE OF ANY
THIRD-PARTY WEBSITE REFERENCED OR LINKED FROM THE SERVICES.

 

DISCLAIMERS

 

You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or the Website will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our site for any reconstruction of any lost
data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS
OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR
ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,
ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR
WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED,
THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE
OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR
NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW.

 

GEOGRAPHIC RESTRICTIONS

 

The owner of the Site is based in the State of California in the United States.
We provide this Site for use only by persons located in the United States. We
make no claims that the Site or any of its content is accessible or appropriate
outside of the United States. Access to the Site may not be legal by certain
persons or in certain countries. If you access the Site from outside the United
States, you do so on your own initiative and are responsible for compliance with
local laws.

 

GOVERNING LAW AND JURISDICTION

 

These Terms will be governed by and interpreted in accordance with the laws of
the State of California, without regard to its conflict of laws provisions. Any
claims, legal proceedings or litigation arising in connection with these Terms
or the Services, for which the dispute arbitration provision below does not
apply, will be brought solely in the federal or state courts located in San
Francisco County. You consent to the jurisdiction and venue in such courts and
waive any objection as to inconvenient forum.

 

DISPUTE RESOLUTION

 

You and Parentfile agree that any dispute, claim or controversy arising out of
or relating to these Terms or to your use of the Services (collectively
“Disputes”) will be settled by binding arbitration, except that each party
retains the right to seek injunctive or other equitable relief in a court of
competent jurisdiction to prevent the actual or threatened infringement,
misappropriation, or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights. You acknowledge and
agree that you and Parentfile each are waiving the right to a trial by jury or
to participate as a plaintiff as a class member in any class action proceeding.
Further, unless you and Parentfile agree otherwise in writing, the arbitrator
may not consolidate more than one person’s claims and may not preside over any
form class action proceeding. If this specific paragraph is held unenforceable,
then the entirety of this “Dispute Resolution” section will be deemed void.
Except as provided in the preceding sentence, this “Dispute Resolution” section
will survive any termination of the agreement contained in these Terms.

 

Arbitration Rules and Governing Law. The arbitration will be administered by the
American Arbitration Association (“AAA”) in accordance with the Commercial
Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes
(the “AAA Rules”) then in effect, except as modified by this “Dispute
Resolution” section. (The AAA Rules are available at American Arbitration
Association | ADR.org or by calling the AAA at 1-800-778-7879). The Federal
Arbitration act will govern the interpretation of this section.

 

Arbitration Process. A party who desires to initiate the arbitration must
provide the other party with a written Demand for Arbitration as specified in
the AAA Rules. The arbitrator will be either a retired judge or an attorney
licensed to practice law in the state of California and will be selected by the
parties from the AAA’s roster of consumer dispute arbitrators. If the parties
are unable to agree upon an arbitrator within 7 days of delivery of the Demand
for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA
Rules.

 

Arbitration Location and Procedure. Unless you and Parentfile agree otherwise,
the arbitration will be conducted in San Francisco, California. If your claim
does not exceed $10,000, then the arbitration will be conducted solely on the
basis of documents you and Parentfile submit to the arbitrator, unless you
request a hearing and the arbitrator then determines that a hearing is
necessary. If your claim exceeds $10,000, your right to a hearing will be
determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the
discretion to direct a reasonable exchange of information by the parties,
consistent with the expedited nature of the arbitration.

 

Arbitrator’s Decision. The arbitrator will render an award within the timeframe
specified in the AAA Rules. The arbitrator’s decision will include the essential
findings and conclusions upon which the arbitrator based the award. Judgment on
the arbitration may be entered in any court having jurisdiction thereof. Any
award of damages by an arbitrator must be consistent with the “Disclaimers and
Limitations of Liability” section above. The arbitrator may award declaratory or
injunctive relief in favor of the claimant only to the extent necessary to
provide relief warranted by the claimant’s individual claim.

 

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator
fees will be as set forth in the AAA Rules.

 

MISCELLANEOUS

 

If any provision of these Terms is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining provisions
(except as provided for under “Dispute Resolution”). This is the entire
agreement between you and us relating to the subject matter herein and
supersedes any and all prior or contemporaneous written or oral agreements
between you and us with respect to such subject matter. Neither these Terms nor
any right, obligation, or remedy hereunder is assignable, transferable,
delegatable, or sublicensable by you except with our prior written consent, and
any attempted assignment, transfer, delegation, or sublicense shall be null and
void. We may assign, transfer, or delegate these Terms or any right or
obligation or remedy hereunder in its sole discretion. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading, caption, or section
title contained in these Terms is inserted only as a matter of convenience and
in no way defines or explains any section or provision hereof.

 

CONTACTING PARENTFILE

 

You can contact us by emailing us at support@parentfile.com or by writing to us
at the following address:

Parentfile

Corporate Headquarters

369-B Third Street, #334

San Rafael, CA 94901

Effective: March 7, 2021