Terms of Service for Mum’s Attic

1. Acceptance of Terms

By accessing or using Mum’s Attic (the “Service”), provided by Mouthbreather LLC (“we,” “our,” or “us”), you agree to be bound by these Terms of Service. You must be at least 13 years of age to use this Service. By using the Service, you represent that you meet this requirement. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these terms, please do not use the Service.

2. Description of Service

Mum’s Attic provides a digital platform for users to inventory personal belongings, record stories, and share access with family members.

3. User Conduct & Prohibited Items

We provide this Service to help families preserve their legacy. To maintain a safe and legal environment, you agree not to use Mum’s Attic to:

• Catalog Illegal Items: You may not use the Service to inventory, document, or facilitate the transfer of items that are illegal to possess under local, state, or federal law (including but not limited to illegal weapons, controlled substances, or stolen property).
• Improper Usage: You may not use the Service for any purpose other than personal legacy planning and family inventory. Using the Service for commercial solicitation, spam, or as a public file-sharing host is strictly prohibited.
• Harmful Content: You may not upload content that is defamatory, obscene, harassing, or intended to incite conflict within a family or the broader community.
• Copyrighted Material: You may not upload photos, audio, or other content that infringes the intellectual property rights of any third party. You represent that you own or have the necessary rights to all content you upload. We will respond to valid copyright takedown notices in accordance with the Digital Millennium Copyright Act (DMCA).

4. Abuse of Service & System Integrity

You agree not to attempt to interfere with the proper working of the Service. Prohibited actions include:

• Attempting to “scrape” data or access the accounts of other users.
• Uploading viruses, malicious code, or excessively large files intended to “stress test” or crash our infrastructure.
• Creating multiple accounts to circumvent storage limits or trial periods.

5. Right to Terminate and Delete

We reserve the right, at our sole discretion, to suspend or permanently delete your account and all associated data without prior notice if we determine that you have:

• Violated any part of these Terms.
• Cataloged illegal or prohibited items.
• Engaged in behavior that we deem abusive, fraudulent, or harmful to our systems or other users.
• Attempted to circumvent our monetization models (Freemium/Premium).

We reserve the right to block access by account, email address, IP address, device identifier, or any other means we deem appropriate.

6. Ownership of Content

You retain all ownership rights to the photos, stories, and data you upload. By using the Service, you grant us a limited license to host and display this data only to you and the specific users you choose to invite.

7. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. Mouthbreather LLC makes no warranties, expressed or implied, regarding the reliability, accuracy, or availability of the Service. We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that data loss will not occur. You use the Service at your own discretion and risk.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Mouthbreather LLC, its founders, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Data Loss: The deletion, corruption, or failure to store any content, photos, voice notes, or inventory data maintained by the Service.
• Security Breaches: Any unauthorized access to our secure servers and/or any personal information stored therein.
• Service Interruptions: Any cessation or termination of the Service.

In no event shall the total liability of Mouthbreather LLC exceed the greater of: (a) the total fees paid by you to Mouthbreather LLC for the Service in the six (6) months prior to the event giving rise to the liability, or (b) one hundred U.S. dollars ($100.00). Mum’s Attic is a digital inventory tool, not a legal estate planning service or a physical security service. We are not responsible for the loss of data due to user error, nor are we liable for any family disputes arising from the use of the feedback system.

9. Indemnification

You agree to indemnify, defend, and hold harmless Mouthbreather LLC and its founders, officers, and employees from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your content, or your violation of these Terms.

10. Data Backup Responsibility

While Mum’s Attic utilizes industry-standard cloud backups via Google Firebase, the Service is not intended as a primary backup or archival solution. Users are encouraged to maintain independent copies of all critical photos and records. Mouthbreather LLC assumes no obligation to compensate users for the loss of irreplaceable or sentimental data.

11. Updates to Terms

We may update these Terms at any time. We will notify you of material changes by email or in-app notice at least 14 days before the change takes effect. Continued use after the effective date constitutes acceptance.

12. Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

13. Governing Law

These terms are governed by the laws of California, the home of Mouthbreather LLC.