Terms of Service

Welcome to Branches and Leaves ("Branches and Leaves," "we," "us," or "our").

These Terms of Service ("Terms") govern your access to and use of the Branches and Leaves website, applications, family-tree tools, services, features, and related products (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree to these Terms, please do not use the Service.

1. Who Operates Branches and Leaves

Branches and Leaves is owned and operated by Oaksphere Financial, a family-owned and family-operated business. References to "we," "us," or "our" in these Terms mean Oaksphere Financial acting as the operator of the Branches and Leaves Service.

Mailing address: 300 Delaware Avenue Suite 210, Wilmington, DE 19801

Branches and Leaves is a family-history and genealogy platform designed to help individuals and families create, organize, preserve, and share family histories.

The Service may allow users to create and maintain family trees, profiles, relationships, timelines, memories, stories, photographs, videos, documents, and other family-history information.

Branches and Leaves is intended to help families preserve their history for current and future generations.

2. Eligibility

You must be legally permitted to use the Service in your location.

If you are under the age required to enter into a legally binding agreement where you live, you may use the Service only with the involvement and permission of a parent or legal guardian where required by law.

You are responsible for ensuring that the information you provide when creating an account is accurate and current.

3. Your Account

Some features of Branches and Leaves may require you to create an account.

You are responsible for:

• Maintaining the confidentiality of your login credentials.
• Keeping your account information accurate.
• Taking reasonable steps to protect your account.
• All activity occurring through your account, except where caused by our failure to use reasonable security measures.

You should notify us promptly if you believe your account has been accessed without authorization.

4. Family Trees and Genealogy Information

Branches and Leaves allows users to create and maintain family trees and related genealogical information.

You understand that information contained in a family tree may come from different sources, including information provided by you, other family members, historical records, public sources, or other contributors.

Branches and Leaves does not guarantee that genealogical information is accurate, complete, or historically correct.

You are responsible for reviewing information before relying upon it.

Branches and Leaves is not responsible for disputes between family members regarding:

• Family relationships
• Parentage
• Names
• Dates
• Genealogical conclusions
• Family history
• Ownership of photographs or documents
• Other family information

5. Information About Living People

You should use care when adding information about living individuals.

You are responsible for having an appropriate legal basis or permission to add or share information about another living person when required by applicable law.

Do not use Branches and Leaves to publish another person's sensitive personal information without appropriate authorization.

Branches and Leaves may provide privacy controls designed to limit who can view information about individuals or family branches. You are responsible for using those controls appropriately.

6. User Content

The Service may allow you to upload, create, store, or share content, including:

• Family-tree information
• Names
• Dates
• Biographical information
• Stories
• Memories
• Photographs
• Videos
• Audio
• Documents
• Letters
• Historical records
• Comments
• Other materials

Collectively, this is "User Content."

You retain ownership of User Content that you own.

You grant Branches and Leaves the limited rights necessary to host, store, reproduce, process, display, transmit, and otherwise provide your User Content as part of operating and providing the Service.

This license is intended to allow us to operate Branches and Leaves and provide its features to you and people you authorize to access your content. It does not transfer ownership of your User Content to Branches and Leaves.

7. Your Responsibility for User Content

You represent that you have the rights, permissions, or other legal authority necessary to upload and share the User Content you provide through the Service.

You agree not to upload or share content that:

• Infringes another person's copyright, trademark, privacy, publicity, or other rights.
• You do not have permission or legal authority to use.
• Contains unlawful or fraudulent material.
• Is intentionally misleading or defamatory.
• Contains malicious software.
• Violates applicable law.
• Is used to harass, threaten, or abuse another person.

Branches and Leaves does not claim ownership of family photographs, stories, documents, or other materials merely because they are uploaded to the Service.

8. Family Collaboration

Branches and Leaves may allow multiple people to contribute to or view the same family history.

When you invite another person to participate in a family tree, you are responsible for considering what information and permissions you give that person.

Other contributors may add, edit, or correct family information depending on the permissions and features available.

Branches and Leaves does not guarantee that every contributor will agree about the accuracy or interpretation of family history.

9. Privacy

Your use of Branches and Leaves is also governed by our Privacy Policy.

The Privacy Policy explains what information we collect, how we use it, how we protect it, and the choices available to you.

Please review the Privacy Policy before using the Service.

10. Public and Private Information

Branches and Leaves may provide different privacy settings for family trees, profiles, photographs, documents, memories, and other content.

Privacy settings may change as we develop the Service.

You are responsible for reviewing the privacy settings available to you before sharing information.

You should not assume that information is private unless the Service clearly indicates that it is private.

11. Prohibited Uses

You may not use Branches and Leaves to:

• Violate any applicable law or regulation.
• Impersonate another person.
• Create fraudulent family histories for unlawful purposes.
• Harass, threaten, stalk, or abuse another person.
• Attempt to gain unauthorized access to another user's account.
• Interfere with the operation or security of the Service.
• Upload malware or malicious code.
• Scrape or collect information from the Service through unauthorized automated methods.
• Reverse engineer or attempt to bypass security features.
• Use the Service to infringe intellectual-property rights.
• Circumvent subscription or access controls.
• Use the Service to facilitate unlawful activity.

We reserve the right to investigate suspected violations and take appropriate action.

12. Intellectual Property

The Branches and Leaves name, branding, logos, software, website design, interface, original content, and other materials provided by Branches and Leaves are owned by or licensed to us and are protected by applicable intellectual-property laws.

Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, modify, sell, license, or create derivative works from our proprietary materials without permission.

These rights do not include ownership of User Content that you independently own.

13. Feedback

If you provide suggestions, ideas, feature requests, or other feedback regarding Branches and Leaves, you agree that we may use that feedback to improve the Service without owing you compensation, provided that doing so does not disclose your private User Content.

14. Memberships, Billing, Cancellation, and Refunds

Essentials — free. The Essentials membership is free forever, with no card required, and includes the family-tree builder, unlimited generations and family members, person profiles, milestones and timelines, photos, memories and stories, documents, events, comments, private family sharing, and the optional health-history tab. Essentials accounts cannot upload video.

Legacy Plus — $7.99 per month. Everything in Essentials, plus up to 1,000 minutes of video storage, a maximum of 60 seconds per video clip, secure video streaming, family invitations, and automatic backups.

Legacy Pro — $12.99 per month. Everything in Legacy Plus, plus 5,000+ video minutes, more storage, larger family-collaboration limits, and advanced family-history features.

Billing. Paid memberships are billed monthly in advance through our payment processor and renew automatically on the same day each month until cancelled. Prices are shown in U.S. dollars before purchase, and applicable taxes may be added based on your location. If a payment fails, we may retry the charge and may downgrade or suspend the account if the failure is not resolved.

Changing plans. You may upgrade or downgrade at any time from your Account page. Changes take effect immediately and your next bill is prorated for the remainder of the current billing period.

Cancellation. You may cancel at any time from your Account page or the cancellation page. Cancellation stops future renewals; your paid features remain active until the end of the billing period you have already paid for, after which the account moves to the Essentials membership.

Refunds. Payments are generally non-refundable, and we do not provide partial refunds for unused time in a billing period. If you believe you were charged in error or experienced a significant service failure, contact us and we will review the request in good faith. Where consumer law in your location grants a refund or withdrawal right, that law applies.

Your content after cancellation. Your family tree, profiles, milestones, photos, documents, stories, and events remain in your account on the Essentials membership. Video uploads are disabled and existing videos stored above the Essentials allowance may become unavailable for playback or may be removed after a reasonable notice period. Download or export anything you need before cancelling.

See our Cancellation policy for more information.

15. Changes to the Service

Branches and Leaves is a developing platform.

We may add, remove, modify, suspend, or discontinue features from time to time.

We may also change the way particular features operate as the Service develops.

We will make reasonable efforts to provide notice of material changes when appropriate.

16. Availability and Data Loss

We will make reasonable efforts to keep the Service available and protect stored information.

However, we cannot guarantee that the Service will always be available or that information will never be lost, corrupted, damaged, or inaccessible.

You should maintain your own copies of particularly important photographs, documents, recordings, and other irreplaceable family materials.

Branches and Leaves should not be considered the sole archival copy of important family history.

17. Third-Party Services

To operate Branches and Leaves we rely on trusted third-party providers, including:

• Stripe — payment processing, subscription billing, and the billing portal. We do not store your full card details.
• Supabase — database, authentication, and file storage for your account and family-tree content.
• Mux — video upload, encoding, and secure streaming for paid memberships.
• Email delivery and analytics providers used for notifications and basic service metrics.

Your use of third-party services may be subject to those providers' own terms and privacy policies.

Branches and Leaves is not responsible for third-party services that it does not control.

18. No Guarantee of Genealogical Accuracy

Branches and Leaves is a technology platform for organizing and sharing family history.

We do not guarantee that:

• Family relationships are accurate.
• Historical records are complete.
• User-submitted information is accurate.
• Dates or locations are correct.
• Family stories are historically verified.
• Genealogical conclusions are correct.

You should independently verify important genealogical information.

19. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Service is provided on an "as available" and "as is" basis.

We do not guarantee that the Service will be uninterrupted, error-free, secure, or completely accurate.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded under applicable law.

20. Limitation of Liability

To the maximum extent permitted by applicable law, Branches and Leaves and its owners, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of or inability to use the Service.

This includes, where legally permitted, losses relating to:

• User Content
• Family-tree information
• Data loss
• Service interruptions
• Unauthorized access
• Third-party services
• Lost profits
• Lost business opportunities

Nothing in these Terms limits liability that cannot legally be limited or excluded.

21. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Branches and Leaves and its owners, officers, employees, contractors, affiliates, and service providers from claims, liabilities, damages, losses, and expenses arising from:

• Your violation of these Terms.
• Your User Content.
• Your violation of another person's rights.
• Your unlawful use of the Service.

22. Account Suspension or Termination

We may suspend or terminate an account if we reasonably believe that the account:

• Violates these Terms.
• Is being used unlawfully.
• Creates a security risk.
• Harms other users.
• Is involved in fraud or abuse.

Where appropriate, we may provide notice and an opportunity to resolve the issue.

You may stop using the Service and request deletion of your account subject to applicable law and our data-retention practices.

23. Changes to These Terms

We may update these Terms as Branches and Leaves develops.

When we make material changes, we may provide notice through the Service, email, or another reasonable method.

Your continued use of the Service after the updated Terms become effective means you accept the updated Terms.

24. Reporting and Removing Inappropriate Content

If you believe content on Branches and Leaves infringes your rights, discloses your personal information without permission, or violates these Terms, contact us with your name, a description of the content, where it appears, and why it should be removed.

We review reports and may remove content, restrict access to it, or suspend the responsible account. Copyright owners may send a takedown notice, and we may remove the content and notify the person who uploaded it.

We may also remove content that is unlawful, harassing, or exposes a living person's sensitive information without an appropriate basis.

25. Data Export and Account Deletion

You can download the photos, documents, videos, and other files you have uploaded from the profiles where they are stored, and you may request an export of your family-tree data by contacting us.

You may request deletion of your account at any time. When an account is deleted, its family trees, profiles, media, and related records are removed from active systems within a reasonable period, subject to routine backup cycles and any records we must keep for legal, tax, or fraud-prevention purposes.

Deletion is permanent. Export anything you want to keep first. If your account is flagged for ownership transfer, deletion may affect content other family members rely on.

26. Governing Law

These Terms and any dispute arising from them are governed by the laws of the State in which Oaksphere Financial is organized and maintains its principal place of business, without regard to conflict-of-law principles, except where applicable consumer-protection law requires otherwise.

27. Dispute Resolution

If a dispute arises, please contact us first. We will try in good faith to resolve the issue informally within 30 days of receiving your notice.

If we cannot resolve it informally, the dispute will be brought exclusively in the state or federal courts located in the jurisdiction identified above, and both you and Oaksphere Financial consent to that venue. Either party may still bring an individual claim in small-claims court where it qualifies.

Claims must be brought individually, not as a class or representative action, to the extent permitted by applicable law. Nothing here waives rights that cannot legally be waived.

28. Contact Us

Oaksphere Financial, operator of Branches and Leaves.

• General questions: info@branchesandleaves.app
• Support, reports, and takedown requests: support@branchesandleaves.app
• In the app: the Feedback page or the Ask Willow assistant.

29. Entire Agreement

These Terms, together with any policies or agreements expressly incorporated into them, constitute the agreement between you and Branches and Leaves concerning your use of the Service.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect to the extent permitted by law.