Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you and CAFE SOFTWARE LLC, a Georgia limited liability company ("CAFE Software," "Company," "we," "our," or "us"), and govern your access to and use of mystory.cafe and the related applications, websites, APIs, and services we make available (collectively, the "Service").

By creating an account, clicking "I agree," or accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to that organization.

2. Description of Service

MyStory.cafe is a digital storytelling and memory-preservation Service that helps users capture, organize, and preserve personal stories and family memories. Features include, among others:

• Creating and managing story projects
• AI-guided written and voice conversations to capture memories
• Recording, transcribing, and organizing conversations
• Multi-party real-time conversations ("Better Together")
• Uploading and organizing photos, mementos, and documents
• AI-assisted drafting, editing, and exporting of story content
• Sharing stories with collaborators
• Optionally ordering printed books through a third-party print-on-demand fulfillment partner

The Service is provided as software-as-a-service. Specific features, pricing, and limits may change from time to time as described in these Terms.

3. Eligibility & Accounts

3.1 Age

You must be at least 13 years old (or 16 in the European Economic Area, the United Kingdom, or Switzerland) to use the Service. If you are a minor in your jurisdiction, you may use the Service only with the consent of a parent or legal guardian who agrees to be bound by these Terms.

3.2 Registration

To access most features you must create an account, either with an email and password or by using a supported third-party authentication provider (Apple, Google, or Facebook). You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at privacy@mystory.cafe of any unauthorized access.

3.3 One Account Per Person

You may not create multiple accounts to evade Service limits, refund policies, or enforcement actions.

3.4 Account Inactivity

We may close or restrict access to accounts that show no sign-in activity for an extended period (typically 24 months or longer). Before doing so, we will attempt to notify the account holder using the email on file. See our Privacy Policy for information on data retention and account inheritance.

4. User Content

4.1 Your Ownership

You retain all ownership rights in the content you create, upload, record, or share through the Service, including stories, recordings, transcripts, photos, mementos, and notes ("User Content").

4.2 License You Grant Us

You grant CAFE Software a worldwide, non-exclusive, royalty-free, sublicensable (solely to our service providers acting on our behalf) license to host, store, reproduce, transmit, modify (e.g., to render, transcribe, format, or compress), display, and distribute your User Content solely as necessary to operate, maintain, secure, support, and improve the Service for you and the people you authorize. This license terminates when you delete the User Content or your account, except (a) for the limited time required to remove content from active systems and routine backups, and (b) for any aggregated or de-identified data that no longer identifies you.

We do not use your User Content to train our own machine-learning models or third-party public foundation models. See our Privacy Policy for details.

4.3 Your Responsibility for User Content

You represent and warrant that, for all User Content you submit:

• You own it or have the necessary rights, licenses, consents, and permissions to submit it.
• It does not infringe any intellectual-property, privacy, publicity, or other right of any person.
• You have obtained any consents required by law from every other person whose voice, image, or personal information appears in the User Content, including all-party recording consent in jurisdictions that require it.
• It does not violate any law or these Terms.

4.4 Prohibited Content

You must not submit User Content that:

• Is unlawful, defamatory, fraudulent, or deceptive
• Infringes intellectual-property or other proprietary rights
• Is hateful, threatening, harassing, or sexually exploitative of minors
• Discloses another person's private information without permission
• Contains malware, exploits, or other harmful code
• Is generated to impersonate a real person without their consent

4.5 Removal

We may, but are not obligated to, review User Content and may remove or restrict access to any User Content that we reasonably believe violates these Terms or applicable law, or that exposes us, our users, or third parties to legal liability or harm.

5. Voice Recordings, Multi-Party Sessions & Consent

The Service allows you to record audio (voice memos, AI-guided conversations, and Better Together multi-party sessions) and to generate transcripts. Recording laws vary by jurisdiction; some require the consent of every participant before a conversation may be recorded.

You are solely responsible for obtaining all consents required by law from every person whose voice will be captured before starting a recording or inviting others into a Better Together session. By initiating or joining a recording, you confirm you have obtained those consents.

We provide visual indicators within the Service showing when a session is being recorded. We do not warrant that those indicators satisfy any specific legal requirement in your jurisdiction.

6. AI-Generated Content & Accuracy

The Service uses third-party artificial-intelligence providers to generate suggestions, summaries, prompts, transcripts, and story drafts ("AI Output"). AI Output is generated automatically and:

• May contain errors, omissions, mischaracterizations, or fabricated details ("hallucinations").
• Should not be relied upon as professional, legal, medical, financial, historical, or other expert advice.
• May reproduce themes or phrases that are similar to text generated for other users; you do not receive any exclusive ownership of common phrases.
• Is provided to you as part of your User Content; you are responsible for reviewing and editing AI Output before publishing, sharing, printing, or otherwise relying on it.

We disclaim all warranties with respect to AI Output to the maximum extent permitted by law.

7. Pricing, Subscriptions, Premium AI & Refunds

7.1 Introductory Pricing

The Introductory plan is a one-time payment of $129 USD that includes 12 months of AI-powered features, lifetime project hosting, and 6 hours (360 minutes) of Premium AI Conversation time. Premium AI Conversation time is a limited resource consumed when using the Premium AI Conversation feature. Other features — including writing memories, voice memos, guided conversations, Better Together sessions, story generation, and family access — are included without minute-based limits during your active AI period.

7.2 Trial Mode & Premium AI Minutes

Your plan includes 6 hours (360 minutes) of Premium AI Conversation time. For the first 14 days after purchase ("Trial Mode"), 2 hours (120 minutes) of Premium AI Conversation time are available. During Trial Mode, you may cancel your project at any time for a full refund as described in Section 7.4.

After Trial Mode ends — either automatically after 14 days, or when you choose to end it early — all 360 minutes become available. Premium AI minutes accumulate in a project pool and do not expire while the project remains active. Additional minutes may be purchased at any time at the then-current rate (currently $20 USD for 120 minutes).

7.3 Ending Trial Mode

You may end Trial Mode at any time from your project Settings. By ending Trial Mode, you confirm your purchase, unlock all 360 Premium AI Conversation minutes, and waive your right to a refund. This action cannot be undone.

7.4 Refund Policy

Trial Mode (first 14 days): you may cancel your plan at any time during Trial Mode for a full refund. Use the cancellation option in your project Settings or contact support@mystory.cafe. Upon cancellation and refund:

• Your project and all associated data (memories, conversations, mementos, story content, and uploaded media) will be permanently deleted.
• This action cannot be undone.
• We strongly recommend exporting your project data before requesting a cancellation.

After the 14-day Trial Mode, all sales are final and non-refundable, including additional Premium AI minute packs, book orders that have entered production, and any post-trial upgrades, except where a refund is required by applicable law (for example, certain consumer-protection laws in your jurisdiction).

7.5 Standard & Future Pricing; Auto-Renewal

Introductory pricing is a limited-time offer. Standard subscription pricing may be introduced in the future. Any subscription, auto-renewing plan, or recurring fee will be clearly disclosed at the time of purchase, including the renewal price, the renewal frequency, and how to cancel before the next renewal. Existing Introductory plan holders will not be subject to new auto-renewal terms during their active AI period.

7.6 Project Hosting After AI Period

When your 12-month AI period ends, your project remains hosted and fully accessible at no additional cost, subject to these Terms and our reasonable inactivity policy. AI-powered features (such as guided conversations and story generation) will require an active subscription to continue using. You may extend AI features at the then-current standard pricing.

7.7 Promotional Codes & Founders Offers

Promotional codes, discounts, and limited-time offers (including "Founders" and VIP offers) are subject to additional terms disclosed at the time of the offer. Unless otherwise stated, codes: are limited to one per customer; have no cash value; cannot be combined with other offers; expire on the date stated; and are void where prohibited. We reserve the right to disable codes obtained through fraud, abuse, or unauthorized distribution.

7.8 Taxes

Unless otherwise stated, prices do not include applicable sales, use, value-added, goods-and-services, or similar taxes, duties, or government fees, which may be added at checkout. You are responsible for any taxes that we are required by law to collect.

7.9 Payment Disputes & Chargebacks

If you believe a charge is incorrect, please contact support@mystory.cafe within 60 days of the charge so we can investigate. Initiating a chargeback without first contacting us may result in suspension of your account.

8. Physical Books & Print-on-Demand Orders

You may optionally order a printed book of your story through our print-on-demand fulfillment partner. Book orders are subject to the following:

• Production & shipping times are estimates only and may vary based on the fulfillment partner's capacity, the destination address, and shipping method.
• Address accuracy. You are responsible for providing a complete and accurate shipping address. We are not responsible for orders shipped to addresses you provided incorrectly, or for lost or undeliverable orders due to incorrect or incomplete addresses.
• Customs, duties, and import taxes on international orders are your responsibility.
• Damage in transit. If a book arrives damaged, please contact support@mystory.cafe within 14 days of delivery with photos so we can request a replacement.
• Print quality. Print quality depends on the resolution of the photos and the content you submit. We do not guarantee that printed output will exactly match what you see on screen.
• Returns. Because each book is custom-printed for you, books are non-returnable and non-refundable except in the case of manufacturing defects or shipping damage as described above.

9. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any law or regulation.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to the Service, other users' accounts, or our systems.
• Probe, scan, or test the vulnerability of any system or network without our prior written consent.
• Interfere with or disrupt the Service, servers, or networks.
• Use automated means (bots, crawlers, scrapers) to access the Service or to extract User Content, except for our published export and download features.
• Reverse-engineer, decompile, or disassemble any portion of the Service, except to the extent expressly permitted by law.
• Use the Service or its outputs to develop or train a competing product or any machine-learning model.
• Spam, solicit, or send unsolicited messages to other users.
• Harvest or collect information about other users without their consent.
• Circumvent any feature limit, rate limit, or paywall.
• Use voice features to clone, impersonate, or generate synthetic audio of any person without their consent.

10. Intellectual Property

10.1 Service Content

The Service and its original content (excluding User Content), features, and functionality are owned by CAFE Software and its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual-property laws. Except for the limited rights expressly granted in these Terms, we and our licensors retain all right, title, and interest in and to the Service.

10.2 Trademarks

"MyStory.cafe," "CAFE Software," and the related logos are trademarks of CAFE SOFTWARE LLC. You may not use these marks without our prior written permission.

10.3 Feedback

If you provide us with feedback, suggestions, ideas, or improvements about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate the Feedback into the Service or any other product, without any obligation to you.

10.4 Voice Personas

Some AI voice options are provided by third parties under license. You may use AI-generated voice audio only as part of the Service for personal, non-commercial purposes. You may not extract, reverse-engineer, or use voice models or audio outside of the Service to create or train competing voice products.

10.5 DMCA / Copyright Complaints

We respect intellectual-property rights. If you believe content on the Service infringes your copyright, please send a notice to our designated agent containing the information required by 17 U.S.C. § 512(c)(3):

Designated DMCA Agent — CAFE SOFTWARE LLC
Email: legal@mystory.cafe (subject line: "DMCA Notice")

Your notice must include: (i) a physical or electronic signature of the rights holder or authorized agent; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material with information sufficient for us to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights holder. We may, in appropriate circumstances and at our discretion, terminate the accounts of repeat infringers.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, share, and protect personal information. By using the Service you acknowledge our Privacy Policy.

All projects are private by default. You control who has access to your project content through the sharing and collaboration settings within the Service.

12. Beta & Experimental Features

From time to time we may offer features identified as "beta," "preview," "experimental," or similar ("Beta Features"). Beta Features are provided "as is" for evaluation, may change or be discontinued at any time, and may not function as expected. We disclaim all liability arising out of your use of Beta Features. Do not store irreplaceable content only in a Beta Feature.

13. Third-Party Services & Links

The Service integrates with and links to third-party services (for example, third-party authentication, payment processing, AI providers, and print fulfillment). We do not control and are not responsible for the content, terms, or practices of any third-party service. Your use of a third-party service is governed by that service's own terms and privacy policy.

Apple, Google, and Facebook authentication: if you sign in using a third-party identity provider, your use of that provider is also subject to the provider's terms. We do not receive your password from these providers.

14. Termination

14.1 By You

You may terminate your account at any time by using the delete-account option in your settings or by contacting privacy@mystory.cafe. Account deletion is described in our Privacy Policy.

14.2 By Us

We may suspend or terminate your account or access to the Service, with or without notice, if we reasonably believe you have violated these Terms or applicable law, if your account creates risk or legal exposure for us or others, or if we discontinue the Service. We may also terminate inactive accounts as described in Section 3.4.

14.3 Effect

Upon termination, your right to use the Service ceases. Provisions of these Terms that by their nature should survive termination — including ownership, license grants in favor of us, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

15. Disclaimers

THE SERVICE, INCLUDING ALL CONTENT, AI OUTPUT, AND THIRD-PARTY MATERIALS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free.
• Transcripts, AI Output, or any content generated by the Service will be accurate, complete, or free from errors or fabrications.
• Any defects will be corrected.
• The Service is free from viruses or other harmful components.
• The Service will meet your requirements or expectations.

You are solely responsible for backing up irreplaceable content using the Service's export features.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAFE SOFTWARE LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

17. Dispute Resolution; Arbitration; Class Waiver

Please read this Section carefully — it affects your legal rights.

17.1 Governing Law

These Terms are governed by the laws of the State of Georgia, U.S.A., without regard to its conflict-of-law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal Resolution & Notice of Dispute

Before filing a claim against the other party, you and CAFE Software agree to try in good faith to resolve any dispute informally for at least sixty (60) days. To start the process, you must send a written Notice of Dispute to legal@mystory.cafe that includes your name, account email, a description of the dispute, and the relief sought. We will send our Notice of Dispute to the email address on file for your account. The 60-day period begins when the notice is received.

17.3 Binding Individual Arbitration

If we cannot resolve the dispute informally within 60 days, any controversy or claim arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures, except as modified here. The arbitrator (not a court) will decide all issues, including the scope, enforceability, and arbitrability of these Terms. Judgment on the award may be entered in any court of competent jurisdiction.

17.4 Location & Costs

The arbitration will be conducted by telephone or video conference where practicable. If an in-person hearing is required, it will take place in the U.S. county where you reside, or another mutually agreed location. Each party will bear its own attorneys' fees and costs except as required by the JAMS rules or applicable law. We will pay the arbitration filing, administrative, and arbitrator fees that we are required to pay under the applicable JAMS Consumer Minimum Standards.

17.5 Class Action & Jury Waiver

YOU AND CAFE SOFTWARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. To the extent any claim must proceed in court, you and we waive any right to a jury trial.

17.6 30-Day Right to Opt Out of Arbitration

You have the right to opt out of the arbitration agreement and class-action waiver in this Section by sending a written notice to legal@mystory.cafe with the subject "Arbitration Opt-Out" within thirty (30) days after you first accept these Terms (or, for existing users, within 30 days after the Effective Date above). Your notice must include your name, account email, and a clear statement that you wish to opt out. If you opt out, all other parts of these Terms continue to apply, and disputes will be resolved in court as described in Section 17.8.

17.7 Exceptions

Notwithstanding this Section, either party may (a) bring an individual claim in small-claims court if eligible, and (b) seek injunctive or equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual-property or confidentiality rights.

17.8 Court Forum (If Arbitration Does Not Apply)

If the arbitration agreement is found unenforceable, or if you have validly opted out, you and CAFE Software agree that the state and federal courts located in Fulton County, Georgia have exclusive jurisdiction over any Dispute, and each party consents to personal jurisdiction and venue there.

17.9 30-Day Limitation

Any claim must be brought within one (1) year after the cause of action arose, or be forever barred, unless applicable law prohibits a shorter limitation period than the statutory default, in which case the statutory default applies.

18. Indemnification

You agree to defend, indemnify, and hold harmless CAFE SOFTWARE LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of or access to the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right, including any intellectual-property, privacy, or publicity right.

19. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by posting a notice in the Service or by sending an email to the address associated with your account at least thirty (30) days before the changes take effect (or a shorter period where required for security or legal compliance). Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may terminate your account before they take effect.

20. General

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms presented to you for specific features, constitute the entire agreement between you and CAFE Software regarding the Service and supersede all prior agreements.

20.2 Waiver & Severability

Our failure to enforce any right or provision of these Terms is not a waiver. If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

20.3 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets without restriction.

20.4 Force Majeure

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemics, government action, labor disputes, internet outages, third-party service failures, or cyberattacks.

20.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

20.6 Notices

We may give notice to you by email to the address associated with your account or by posting a notice in the Service. You must give notice to us by emailing legal@mystory.cafe (or, for privacy-rights requests, privacy@mystory.cafe).

20.7 Export Controls & Sanctions

You may not use or export the Service in violation of U.S. export-control laws or sanctions, and you represent that you are not located in, under the control of, or a national or resident of any country or person on a U.S. government restricted-party list.

20.8 Relationship of the Parties

You and CAFE Software are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship.

21. Contact Information

If you have questions about these Terms, please contact us:

CAFE SOFTWARE LLC
Legal: legal@mystory.cafe
Privacy: privacy@mystory.cafe
Support: support@mystory.cafe
General: info@cafesoftware.org
Website: cafesoftware.org

CAFE SOFTWARE LLC is a Georgia limited liability company. A physical mailing address is available on request.

By using mystory.cafe, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.