Our Legal Commitment: Protecting Your Family's Truth

1. NATURE OF THE SERVICE (Addressing Moffatt v. Air Canada)

1.1 No Professional Advice or Reliance

The Service utilizes artificial intelligence ("AI") to generate text based on User Inputs. You acknowledge that AI systems are probabilistic and known to produce "hallucinations," factual errors, and inconsistent outputs. Theirloom.io is a productivity tool, not a professional advisor.

1.2 Limitation of Liability for Output

To the fullest extent permitted by law, Theirloom.io shall not be liable for any reliance placed on the generated content. Unlike human experts or agents, the AI is not an authorized representative of Theirloom.io capable of making binding representations, warranties, or policy statements. You agree that Theirloom.io is not responsible for any "negligent misrepresentation" regarding the accuracy or validity of the generated text.

1.3 Jurisdictional Carve-Out

Some jurisdictions, including the Province of Quebec (under the Consumer Protection Act) and the Member States of the European Union (under the Unfair Contract Terms Directive), do not allow the exclusion or limitation of liability for certain types of damages, gross negligence, or statutory consumer warranties. If you reside in such a jurisdiction, the limitations set forth in Section 1.2 shall apply only to the maximum extent permitted by your local laws, and shall not affect your non-waivable statutory rights.

2. INTELLECTUAL PROPERTY & COPYRIGHT (Addressing NYT v. OpenAI, Bartz, GEMA)

2.1 User Warranty of Ownership

You represent and warrant that you own or possess all necessary licenses, rights, consents, and permissions for all "Personal Documents" uploaded to the Service. You agree not to upload content that infringes on third-party copyright, including but not limited to books, scripts, or lyrics owned by others.

2.2 Indemnification for Infringement

You agree to indemnify, defend, and hold harmless Theirloom.io from any claims, damages, or lawsuits alleging that your use of the Service or your Uploaded Content infringes the intellectual property rights of a third party. This includes claims related to "Fair Use" or "Fair Dealing" disputes.

2.3 Output Ownership

Theirloom.io assigns all right, title, and interest in the Output to you, subject to your compliance with these Terms. However, you acknowledge that under current US and EU rulings (e.g., Thaler v. Perlmutter), AI-generated content may not be copyrightable without significant human modification.

3. PROHIBITED ACTIVITIES: BIAS & DISCRIMINATION (Addressing Mobley, Harper)

3.1 No "High-Risk" Use Cases

You are strictly prohibited from using this Service for "Consequential Decision Making," including but not limited to employment screening, hiring, promotion decisions (Mobley v. Workday), housing eligibility, creditworthiness, or insurance underwriting (Harper v. Sirius XM).

3.2 Anti-Discrimination

You agree not to use the Service to generate content that promotes discrimination, hate speech, or bias based on race, age, gender, religion, or disability. Theirloom.io reserves the right to suspend accounts found generating such material.

4. PRIVACY, DATA TRAINING & SURVEILLANCE (Addressing NOYB, CIPA)

4.1 Data Training Opt-In/Opt-Out

Theirloom.io respects the principles of GDPR and "Privacy by Design." We DO NOT use your Personal Documents to train our general foundation models. Your data is used solely for the purpose of generating your specific request and is not retained for model training.

4.2 Third-Party Privacy & Wiretapping

You warrant that any Personal Documents uploaded do not contain the private data of third parties without their explicit consent. If your use of the Service involves transcribing audio or analyzing communications, you warrant that you have obtained all necessary "two-party" or "all-party" consents required by applicable laws (including the California Invasion of Privacy Act - CIPA).

5. REGULATORY COMPLIANCE (EU AI Act & FTC)

5.1 Transparency & Bot Disclosure

You agree to clearly label any public-facing content generated by this Service as "AI-Generated," in compliance with the EU AI Act transparency requirements and FTC guidelines regarding deceptive practices.

5.2 Not a Mental Health Service

This Service is a productivity tool, not a mental health provider or a substitute for human companionship. It is not designed to treat, diagnose, or manage any psychological condition.

6. PURCHASES & REFUND POLICY

6.1 Digital Goods & AI Compute Costs

Due to the compute-intensive nature of artificial intelligence generation and the immediate delivery of digital goods, all sales for generated dossiers, stories, and add-ons are final and non-refundable once the generation process has begun. We incur significant API and infrastructure costs the moment a generation job is initiated.

6.2 Dynamic and Scaled Pricing

Base pricing for services (such as the Heritage Dossier) is flat-rate. To maintain infrastructure stability and ensure optimal processing speeds for all customers, we enforce a maximum total upload limit of 500 MB (after auto-compression for images) per project. Files exceeding this size limit will be restricted from upload. All transactions are settled in United States Dollars (USD) unless otherwise specified, and are processed securely via Stripe.

6.3 Satisfaction Guarantee & "Heirloom Credits"

In lieu of cash refunds for processed AI compute, Theirloom operates a "Success Credit" program. We are committed to high-fidelity literary history. If you are not satisfied with the tone, "Writer DNA" mimicry, or factual accuracy of your generated dossier:

• The Quality Assurance Re-Roll: You may request a complimentary re-generation (via our "DNA Adjuster") within 24 hours of your initial generation.
• Tiered Credits: Depending on the nature of the issue (e.g., poor input data vs. system underperformance), we may deposit "Heirloom Credits" into your account to subsidize or fully cover a retry.
• Automated Credits: If our Active Guardrail System detects an output that does not meet our structural standards, we may proactively issue a free credit to your account.

All credit issuances are subject to an internal review of the generation logs to prevent abuse.

8. DATA RETENTION & THE 7-DAY DIGITAL SHREDDER

All uploaded Personal Documents, intermediate processing artifacts, and generated outputs are automatically and irreversibly purged from our infrastructure within seven (7) calendar days of job completion (the "Digital Shredder"). After this period, we retain no copies of your data in any form. Delivered digital files (PDFs, ePubs) are your responsibility to download and store before the retention window closes.

9. AGE RESTRICTIONS & CHILDREN'S PRIVACY

9.1 Adult Use Only

The Service, including the generation of "Children's Books" or legacy keepsakes, is intended strictly for use by adults (aged 18 or older). We do not knowingly collect, process, or solicit personal information from children under the age of 13 (in the United States, per the Children's Online Privacy Protection Act — COPPA) or under the age of 16 (in the European Union, per GDPR Article 8).

9.2 Parent/Guardian Warranty

If you are uploading materials or photos depicting minors, you represent and warrant that you are the parent or legal guardian of such minors, or have obtained explicit, written consent from their parent or legal guardian, and possess the full legal right to submit such materials to the Service.