Legal

The OurFamilyWizard website (“Site”) and mobile application (“App”) (together, “Software”) are operated by Avirat, Ltd (“Avirat”, “We,” “Us,” or “Our”), a limited company registered in England and Wales under company number 9469079 whose registered office is at c/o Redfern Legal LLP, 7 Henrietta Street, London WC2E 8PS. Our VAT number is 216 3016 50. 

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.  Avirat 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. 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 Software is solely at Your own risk.  

B. License Grant; Site Access; Information You Provide  

Subject to these Terms, We hereby grant, and You hereby accept, a limited, non-exclusive, non-transferable, revocable license to download the mobile application and use the Software. As a condition of Your use of the Software, You warrant that Users will not use the Software for any purpose that is unlawful or prohibited by these Terms. Users 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. Users 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”). Avirat retains and owns all right, title and interest, including without limitation, all related intellectual property rights, in and to the Company Data. Avirat does not grant Customer intellectual property rights in Company Data, except as expressly authorized under the Terms. 

You agree that Users 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 Users will not modify or delete Company Data, including any warnings, notices, liability limitations or other provisions contained on the Software.  You agree that Users 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 these Terms.  

Customer Data. All data, information or material provided to Avirat a) by Users or b) on Your behalf, shall remain Your property (“Customer Data”). Customer Data includes a) information provided by an Authorized User, including information provided to the System through a linked account, including a Professional Account, b) information provided to Avirat about Your family or other persons, c) User Content (as defined below), and d) Confidential Personal Information (as defined below). You retain and own all right, title and interest, including without limitation, all related intellectual property rights, in and to the Customer Data. You do not grant to Avirat intellectual property rights in Customer Data, except as expressly authorized under these Terms. 

Customer Data must be lawful, current, accurate, and complete. If We discover a material  error or omission in the Customer Datas, 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 Avirat. If Avirat 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, Avirat may, in its sole discretion, a) suspend or terminate your access   to the Software and  b) remove the Customer Data.  

Shared Data.  Some of the Customer Data disclosed to Avirat   has shared ownership.  Shared Data includes information about You, Your family or other persons, including personal data, that Users share with other subscribers or Users.  Shared Data includes messages and content of messages sent through the Software and is considered personal data of a) You, b) the individual(s) that receives the message or content, and c) the individual(s) identified   in the message or content. Deletion of Shared Data requires affirmative consent of each subscriber connected to the Shared Data. Upon receipt of a request to delete Shared Data, Avirat will satisfy the request upon consent of all necessary parties, including, at the minimum, the consent of both You and the subscriber(s) of active account(s) linked to the account housing the Shared Data.  

Restricted and Prohibited Content.  Users agree to not upload, submit, disclose or otherwise provide to the Software or Avirat 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 Avirat, a) You shall bear all risk associated with such disclosure and any usage of the PHI and ePHI and b) Avirat will have no liability to any User or any third-party relating to such PHI or ePHI.  

C. Subscription and Cancellation  

A subscription to the Software can be purchased through the Site or our mobile application (the “Subscription”). As part of the purchase process, You will select an account and plan (“Plan”). Your use of the Software is subject to payment of the applicable subscription fee, plus applicable taxes for the term selected (the “Subscription Period”). During the Subscription Period, You will have the opportunity to upgrade the Plan (“Plan Upgrade”) and purchase add-ons (“Premium Features”). By purchasing a Subscription, a Plan Upgrade or a Premium Feature, You authorize Avirat or its service provider to immediately charge You via Your selected payment method. You have thirty (30) days from the date of purchase of a first-time Subscription to request a full refund. To request a refund for a first-time Subscription, You can follow the steps below based on Your purchase method.  

 •  If purchased via ourfamilywizard.com: On a desktop or laptop, You can submit a refund request through the refund request form available on ourfamilywizard.com.  

 •  If purchased via Google Play Store: Unfortunately, Avirat isn't able to process refunds for Subscriptions purchased through the Google Play Store. You'll need to request a refund directly through Google.    

 •  If purchased via Apple App Store: Unfortunately, Avirat isn't able to process refunds for Subscriptions purchased through the Apple App Store. You'll need to request a refund directly through Apple.  

Your Subscription and Premium Features will automatically renew for additional Subscription Periods, for the same length, until either party cancels the auto-renewal. If the Subscription was purchased through ourfamilywizard.com You may cancel the auto-renewal of a Subscription or Premium Feature through Your account settings, or by contacting Customer Service at info@ourfamilywizard.co.uk. If You purchased a Subscription through the Apple App Store, You may cancel the auto-renewal by selecting Manage App Subscriptions in Your Apple Account settings and selecting the Subscription You want to modify, or otherwise in accordance with the current functionality of that platform. You may cancel the auto-renewal for a Subscription purchased via Google Play by going to Subscriptions in Google Play, finding the Avirat subscription, and tapping cancel, or otherwise in accordance with the current functionality of that platform.   

Avirat will not provide refunds for a) renewed Subscriptions, b) Plan Upgrades and c) Premium Features.  

For a period of six (6) months after expiration of your Subscription, You will receive two (2) grace logins to access the Software. Thereafter, a renewal payment is required before further access to the Software is granted.  

D. User Content   

To the extent portions of the Software allow Users to comment or otherwise post content on the Site (“User Content”), Users may not post User Content that:  

  • Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;  

  •. The User knows (or reasonably should know) is false, deceptive, or misleading;  

  • Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, passwords, or other authentication methods;  

  •  Links to materials or other content, directly or indirectly, to which the User does not have a right to link or that violates these restrictions; or  

  •  Violates any applicable local, state, national, or international law.   

By posting User Content on the Software, You represent and warrant that posting the User Content does not violate these Terms or applicable laws.  

Under no circumstances shall Avirat or its affiliates be liable in any way for User Content. Avirat does not guarantee the accuracy, integrity, or quality of User Content and cannot assure that User Content will not be harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable. While under no obligation to review or monitor User Content, Avirat may, in Our sole discretion, review, alter, edit, and remove User Content.  

E. Security and Updates  

A password or another form of authentication (“Authentication Method”) is required to access and use the Software. You are solely responsible for (1) maintaining the strict confidentiality of assigned Authentication Methods, (2) instructing any individual to whom the assigned  Authentication Method is shared (“Authorized User”) to not allow another person to use the Authentication Method to access the Software without express permission, (3) any charges, damages, or losses that may be incurred or suffered as a result of a User’s failure to maintain the strict confidentiality of an Authentication Method, and (4) promptly informing Avirat in writing of any need to deactivate an Authentication Method due to security concerns. We are not liable for any harm related to authorization, disclosure or theft of an Authentication Method, including damages from unauthorized use prior to Avirat’s receipt of notice of any security breach. You agree a) to immediately notify Us of any unauthorized use of your Authentication Method and b) You will be liable for activity conducted on the Software through each User’s Authentication Method.  

Avirat 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 Avirat has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. For mobile applications and based on mobile device settings, the mobile application will automatically download and install all available Updates or mobile application users may receive notice or will be prompted to download and install available Updates. Should a User fail to promptly download and install an update, portions of the system, including the mobile application, may not properly operate. You further agree that all Updates will be deemed part of the System and mobile application and will be subject to these Terms.  

F. Feedback  

Users agree to reasonably cooperate with Us in providing any comments and other feedback with respect to use of the Software or any component thereof. By submitting information to Us, Users grant to Us and Our affiliates a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such information, subject to applicable laws and regulations, these Terms, and our Privacy Policy.  

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”), Avirat is a service provider. Avirat certifies that it understands the rules, restrictions, requirements, and definitions of Consumer Privacy and Protection Laws. Avirat (a) acknowledges and confirms that it does not receive any Confidential Personal Information (as defined by applicable Consumer Privacy and Protection Laws) (“CPI”)  from Users s 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 Avirat to qualify as a sale of personal information. Avirat shall not retain, use, or disclose any CPI provided by Users except as a) necessary for the specific business purpose of performing the services for Avirat, b) pursuant to these Terms c)  as required by law or d) as otherwise permitted by mutual consent. Avirat 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 all 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 Users to transmit, store, and receive CPI regarding You, Your family or other persons. You represent and warrant that Users 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 further represent and warrant that You will use Your best efforts to cause Users to comply with such laws. You are, at all times, solely responsible for obtaining and maintaining all consents necessary to allow Avirat 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 Avirat 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), Avirat 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 each User’s use is at the User’s 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 a User’s 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. Users are responsible for taking all precautions User believes are necessary to protect against any claim, damage, loss or hazard that may arise by virtue of a User’s use of the Software. This disclaimer of warranty constitutes an essential part of the Avirat Terms.  

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 Avirat 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 Subscription Fees You paid 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 Avirat which considers the fees We charge You to use the Software, if any.  

L. Indemnity  

You agree to defend, indemnify and hold Avirat 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) a User’s breach of these Terms, (2) use of the Software and any services offered thereon by any User,  (3) the unauthorized or unlawful use of the Software by any User, 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, Avirat will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.  

M. Term and Termination  

These Terms shall remain in force for the duration of Your Subscription Period, including any renewal Subscription Periods, until terminated by either party. Upon termination, all User accesses to the Software will cease.  

Upon a User’s breach of these Terms, We may immediately suspend a User’s right to access and use the Software. We may terminate these Terms and/or a User’s right to use the Software at any time, with or without cause. We reserve the right, at any time, to a) discontinue the Software or b) make changes to the Software.   

Avirat will suspend Your account when we are notified of Your passing. We will leverage various resources to validate death notifications. To secure the data included in Your account, Avirat will prohibit any future logins to Your suspended account and will memorialize Your data as it existed immediately before the account was suspended.    

N. 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 Users. Inclusion of any linked website on the Software does not imply or constitute approval or endorsement of the linked website by Us. If a User decides to leave the Software to access these third-party sites, User does so at User’s own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to Users while on such sites. We are not responsible for information provided by any User to any third-party.  

O. 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.