Terms of Service

1. Agreement to these terms

These Terms of Service are an agreement between you and 17576528 Canada Inc., based in Surrey, British Columbia, Canada, operating as Our Pear Tree ("Our Pear Tree", "we", "us"). By creating an account or using the service, you agree to these terms and to our Privacy Policy. If you do not agree, please do not use the service.

2. Who can use Our Pear Tree

You must be at least 18 years old and able to enter into a contract to create an account or to be a contributor. The service is built for parents and guardians to keep a record of their own family. You confirm that you have the right to add the information and images you upload, including content about children in your care, and that you are responsible for the people you invite. Children may not create accounts, log in, or use the service directly.

3. What Our Pear Tree is

Our Pear Tree is a private family keepsake. It keeps your family's photos, videos, and notes on a single timeline that can begin before a child is born and continue through childhood. It is a memory-keeping product, not a medical service. It does not provide medical advice and is not a substitute for professional care (see section 14).

4. Your account

You are responsible for keeping your login secure and for activity under your account. Tell us promptly if you suspect unauthorized access. Because this is meant to last, we recommend adding a second owner to your family so the archive is never locked behind a single login. You agree to provide accurate account information.

5. Your content, and who owns it

Your content is yours. You keep all rights to the photos, videos, and notes you add. We do not claim ownership of your content, and we do not use it to train any model or to build any product feature beyond serving it back to your family.

You grant us the limited permission we need to run the service: to store, back up, encrypt, resize, organize, and display your content to you and the people you invite, and to render it into the books and exports you ask for. This permission exists only to operate Our Pear Tree for you, and it ends when you delete the content or your account, subject to the retention and backup timelines in our Privacy Policy.

6. Family roles, sharing, and disputes

A family can include owners and contributors (who can add content) and viewers (read-only access). Owners are capped at two per family. Viewers are unlimited and free on every plan. Invitations are sent by email. You decide who to invite, and you can change or remove access. People you invite must follow these terms.

• Shared history: because a family record is shared, content created by several people becomes part of a shared history. If you delete your account, we anonymize your contributions (your name is removed from your entries) rather than deleting memories that other family members rely on. You can delete your own individual entries before you go.
• Deleting a family: deleting an entire family archive is an owner action. Where a family has two owners, we may require confirmation from the second owner before a full deletion to protect the shared archive.
• Disputes: we are a memory-keeping tool, not an arbiter of family disputes. We cannot adjudicate disagreements between parents, guardians, or contributors about who may access or control an archive. We will act on valid legal orders, and otherwise we generally preserve the status quo. We honor each person's rights over their own personal data as described in the Privacy Policy.

7. Acceptable use

You agree not to use Our Pear Tree to:

• upload content you do not have the right to share, or someone else's private documents or information;
• upload content about a child unless you are that child's parent, guardian, or an authorized family member;
• break the law, or harass, harm, threaten, impersonate, or violate the privacy of others, including doxxing or sharing non-consensual intimate images;
• upload any content that sexually exploits or endangers a child. This is strictly prohibited. On actual knowledge of such content, we will remove it and report it to the authorities as required by law;
• scrape the service, create accounts by automated means, abuse rate limits, or reverse engineer, decompile, or attempt to breach or disrupt the security or integrity of the service;
• use the service as general-purpose file storage unrelated to a family keepsake.

8. Intellectual property and copyright complaints

If you believe content on Our Pear Tree infringes your copyright or other rights, contact our designated agent at legal@ourpeartree.com with: your contact details, identification of the work, the location of the content, a statement of good-faith belief, and a statement that you are authorized to act. We will review and, where appropriate, remove the content and notify the person who posted it, who may submit a counter-notice. We terminate the accounts of repeat infringers.

9. Subscriptions, billing, and cancellation

Our Pear Tree offers a free plan and paid plans (Family and Keepsake), billed monthly or yearly (Family $7/month or $59/year; Keepsake $10/month or $99/year). On mobile, paid plans are sold through Apple App Store or Google Play in-app purchase. On the web, they are sold through Stripe. Entitlements are unified by RevenueCat, so a plan bought on one surface unlocks your account everywhere. We do not store your full card details.

• Auto-renewal and cancellation: paid plans renew automatically until you cancel. You can cancel at any time in one step, and you keep access through the end of the period you paid for. We send a renewal reminder before an annual plan renews.
• Refunds: for purchases made on our website through Stripe, we will refund your most recent charge on request. Purchases made through Apple or Google follow that store's refund policy, which those stores control.
• Failed payments: if a payment fails, we retry and email you, with a grace period before any change to your plan. We do not delete your archive because a payment lapsed.
• Chargebacks: if you dispute a charge with your bank, we may suspend paid features pending resolution; your archive stays exportable.
• Downgrades and storage: if you move to a smaller plan and your stored content exceeds the new limit, your existing content stays safe, accessible, and exportable, but you cannot add new photos or videos until you are under the limit again. Text and quote entries are always unlimited.
• Price changes: we give advance notice of any price change, and it applies only to your next renewal.
• Taxes: applicable taxes may be added where required.
• Our billing promises: no surprise renewals, no paywall creep, and we will never use "pay or lose your memories" pressure. All digital outputs (PDF books, full-quality exports, and shareable timelines) are free on every plan. There is no lifetime plan, on purpose, so the cost of storing your archive stays funded for the long term.

10. Free export and portability

You can export your entire archive, including full-resolution originals and an open metadata manifest, at full quality, for free, at any time. If we ever discontinue the service, we will give at least 90 days' notice and a one-click full export.

11. Printed books

Printed books, when available, are a physical product fulfilled by a print partner and paid through Stripe web checkout, with the price shown before you order. A free print-ready PDF is always available regardless, so prints are never a lock on your memories.

12. Cancellation, suspension, and deletion

You can delete your account or your family at any time. Deletion follows the retention timeline in the Privacy Policy (a soft-delete grace period, then a verified hard delete of database rows, hot storage, and cold backups). We may suspend or limit an account that violates these terms or puts the service or others at risk. Where we can, we will give you notice and a chance to export first, except where the law or a safety concern requires immediate action. A bereavement archive remains free to access and export regardless of payment status.

13. Long-term custody

This product is designed to outlast any single device or login. We support a second owner, account recovery, a process for handling a deceased account holder's archive at the family's request, and, in time, a process for a child who reaches adulthood to claim and control the record about them. We will publish the details of the adulthood process before the first cohort reaches the age of majority.

14. Disclaimers

We work hard to keep your archive durable, private, and available, and we back it up across two independent providers. Even so, the service is provided "as is" and "as available" without warranties of any kind, to the fullest extent allowed by law. Our Pear Tree does not provide medical, health, or legal advice. Always consult a qualified professional for medical decisions.

15. Limitation of liability

To the fullest extent allowed by law, Our Pear Tree will not be liable for indirect, incidental, special, or consequential damages, and our total liability for any claim relating to the service is limited to the amount you paid us in the 12 months before the claim. Some jurisdictions do not allow these limits, so they may not fully apply to you. Nothing in these terms limits liability that cannot be limited by law.

16. Indemnification

You agree to indemnify and hold Our Pear Tree harmless from claims arising out of content you upload or share, or your misuse of the service or violation of these terms, to the extent permitted by law.

17. Changing features

The service will evolve over time. Some features roll out in stages (for example, video and printed books), and we may add, change, or retire features. We will not reduce the core promises in these terms (your ownership, free export, and honest billing) without clear notice.

18. Changes to these terms

We may update these terms over time. For material changes, we will notify you in the app or by email. Continuing to use the service after a change takes effect means you accept the updated terms.

19. Governing law and disputes

These terms are governed by the laws of the Province of British Columbia and the laws of Canada applicable there, without regard to conflict-of-law rules. The courts located in British Columbia have jurisdiction over any dispute, subject to any non-waivable rights you have under the consumer laws of your place of residence.

20. Contact

Questions about these terms: hello@ourpeartree.com. Copyright and legal notices: legal@ourpeartree.com. Our Pear Tree, 17576528 Canada Inc., Surrey, British Columbia, Canada.