Deara Terms of Service

1. Who we are and what these Terms cover

These Terms of Service (the “Terms”) are a binding agreement between you and Deara Labs LLC, a Florida limited liability company (“Deara,” “we,” “us,” or “our”). They govern your access to and use of: (a) the Deara iOS application (the “App”); (b) the deara.app website (the “Site”), including the waitlist; and (c) the features, content, and services provided through them (together, the “Service”).

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

Your privacy matters. The Deara Privacy Policy at https://deara.app/privacy explains how information is handled in the App and in your account, and the Website and Waitlist Privacy Notice at https://deara.app/website-privacy covers the Site and the waitlist. Please read the notice that applies to you.

Important: Section 22 contains an agreement to arbitrate and a class action waiver that affect how disputes between you and Deara are resolved. You can opt out within 30 days as described in Section 22(f).

2. The App Store and Apple’s Standard EULA

The App is licensed, not sold, to you under Apple’s standard Licensed Application End User License Agreement (the “Apple Standard EULA”). These Terms separately govern your Deara account, your Archives and Memories, subscriptions, features, and your use of the Service. Apple Inc. is not a party to these Terms and is not responsible for the Service. Purchases made through the App are processed by Apple under Apple’s terms, as described in Section 12. Support for the Service is provided by Deara, not Apple, at support@deara.app.

3. Definitions

“Archive” means a private family memory archive created in the Service and controlled by its Archive Owner.

“Archive Owner” means the account holder who creates an Archive and controls access to it.

“Contributor” means a person an Archive Owner invites to add Memories to an Archive that person does not own.

“Memory” means an entry kept in an Archive, which may include voice recordings, typed text, photos, video, and related details.

“Source Materials” means the original materials provided for a Memory, including original audio, raw typed input, and the machine transcript.

“Outputs” means content the Service generates or derives from Source Materials at a user’s request, including suggested titles, refined text, Monthly Letters, and Keepsakes.

“Monthly Letter” means a letter the Service generates from Memories kept during a period.

“Keepsake” means a downloadable artifact the Service generates from Archive content.

“Future Delivery” means the feature that seals selected content until a chosen future date.

“Deara Plus” means Deara’s paid subscription tier.

“User Content” means the content you add to the Service, including your Memories and Source Materials.

4. Eligibility and your account

You must be at least 18 years old and able to enter a binding contract to create an account or join the waitlist. The Service is designed for adults. Children are not users of the Service; they appear in the Service as the subject of content added by adult account holders. If you add content about a child, you represent that you are that child’s parent or legal guardian, or that you have the permission needed to add that content.

You are responsible for your login credentials and for activity under your account. Keep your registration information accurate and current. If you believe your account has been compromised, contact support@deara.app promptly.

5. The Site and the waitlist

These Terms also apply to your use of the Site and, if you join it, the waitlist. Joining the waitlist does not create an account and does not guarantee access to the Service or to any feature, pricing, or launch date. The Site and its content, other than User Content, belong to Deara or its licensors and may not be copied or reused without permission, except as allowed by law.

6. Your content, ownership, and license to Deara

As between you and Deara, you own your User Content.

So that Deara can operate the Service for you, you grant Deara a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process, transcribe, render, transmit, display, back up, and deliver your User Content, and to create Outputs from it, solely to operate, provide, and secure the Service and to deliver the features you request. Deara may sublicense these rights to its service providers solely to the extent needed for them to provide services to Deara. The Service Providers page at https://deara.app/subprocessors identifies these providers.

This license ends when the relevant User Content is deleted from the Service, except: (a) as described in Section 8 for Memories kept in an Archive you do not own; and (b) for the limited backup, security, and legal retention periods described in the Privacy Policy.

7. Source Materials, Outputs, and AI features

Source Materials are the authoritative record. The Service does not overwrite or alter Source Materials. Outputs are separate, derivative renderings created at your request, and you can review and adjust them where the App provides controls for that.

AI and transcription systems can make mistakes, including mistakes in transcripts, titles, Monthly Letters, and Keepsakes. You are responsible for reviewing Outputs before relying on them or sharing them.

Deara does not claim ownership of the User Content reflected in an Output. You may use, export, and share Outputs generated for you, subject to these Terms and the rights of others. Deara retains all rights in the Service itself and in Deara-owned software, templates, layouts, branding, and other materials incorporated into or used to generate Outputs. Outputs may not be unique, and applicable law may not recognize intellectual property rights in all AI-generated material.

Deara does not use the content of your Memories to train AI models, and its AI providers are contractually prohibited from doing so.

8. Archives, Archive Owners, and Contributors

The Archive Owner controls the Archive, including invitations, access, and the deletion controls the Service provides.

A Contributor keeps ownership of the Contributor’s own User Content and does not transfer copyright to the Archive Owner. By adding a Memory to an Archive you do not own, you agree that the Memory becomes part of that Archive when it is kept and may remain part of it as described in the Privacy Policy, including after you remove the Memory’s association with your account or delete your account. If you delete your account, Memories you added to Archives you do not own may remain in those Archives with attribution anonymized. The license you grant in Section 6 continues for those Memories for as long as they remain kept in the relevant Archive.

Deara provides tools for families; it does not resolve disputes between family members. Deara does not decide questions of custody, divorce, or parental responsibility, and Deara may rely on the Archive Owner’s control of the Archive.

9. Content standards and your representations

You represent that you have the rights and permissions needed for the User Content you add, including for content that depicts or describes other people. You agree not to add content that is unlawful, infringing, defamatory, harassing, abusive, or exploitative, that violates another person’s privacy or publicity rights, or that you otherwise do not have the right to share.

10. Acceptable use

You agree not to: (a) reverse engineer, decompile, or disassemble any part of the Service, except to the extent this restriction is prohibited by applicable law; (b) access the Service by automated means, scrape it, or harvest data from it; (c) probe, interfere with, or circumvent security or usage controls; (d) use the AI features of the Service outside their intended purpose within the Service, including using generation features as a general purpose content creation tool; (e) resell the Service or use it to build a competing service; (f) impersonate any person or misrepresent your affiliation; or (g) use the Service in violation of applicable law.

11. Future Delivery

Future Delivery is a storage and reminder feature. When you seal content for a chosen date, Deara keeps it sealed and, on or after that date, makes it available to open and notifies the creator as described in the App.

Future Delivery does not include delivery to any particular person. Deara does not send notifications to intended recipients, does not verify or resolve any recipient’s identity or availability, and does not guarantee that the Service will operate continuously until any future date. Sealed content is resolved when it is opened, so what opens reflects the state of the underlying Memories at that time. Deleting your account permanently cancels and deletes your sealed Future Deliveries.

12. Deara Plus, subscriptions, and billing

The Service offers free features and a paid subscription tier, Deara Plus. The current price, billing period, and any free trial or introductory offer are shown on the purchase screen before you subscribe. Deara Plus renews automatically under Apple’s purchase terms until cancelled. You can manage or cancel the subscription in your App Store account settings. Deleting the App or your Deara account does not by itself cancel a subscription.

Billing and refunds for purchases made through Apple are handled by Apple under Apple’s applicable terms and systems. Deara does not receive your payment card details.

Deara Plus does not support Apple Family Sharing. Each adult uses their own account and, where applicable, their own subscription.

Feature availability and usage limits for the free and paid tiers are described in the App and on purchase surfaces. The current limits disclosed there apply and may change as described in Section 13.

13. Changes to the Service

Deara may improve and change the Service, its features, and its plan structure. If a change would materially reduce a paid entitlement during a subscription period you have already paid for, Deara will provide what was marketed for that period, consistent with Apple’s requirements for subscriptions.

14. Keeping and deleting content

Memories and Archive content are kept while the relevant Archive remains active. The App provides deletion controls, and the Privacy Policy describes retention and deletion in detail, including what happens when a Contributor deletes an account (Section 8), when an Archive is deleted, and when an account is deleted. Deleting an account permanently cancels and deletes sealed Future Deliveries (Section 11).

15. No guarantee of permanence; export

Deara takes reasonable care to protect and maintain your content. Even so, no online service can promise uninterrupted or error-free operation, and the Service is not a guaranteed permanent archival system. Available export features give you portable copies of content from the Service, and Deara encourages you to export and keep your own copies of irreplaceable content.

16. Beta and early features

Some features may be offered as beta, preview, or early access. They may change or be discontinued at any time and are provided as is.

17. Suspension and termination

Deara may suspend or restrict access to the Service, or terminate an account, where reasonably necessary to address fraud, misuse, security risk, unlawful activity, a material breach of these Terms, or a legal or law enforcement requirement. Where practicable and lawful, Deara will notify you and give you an opportunity to export your content. You may stop using the Service and delete your account at any time as described in the App.

18. Your account is personal; death and incapacity

Your account is personal to you and may not be sold, transferred, or bequeathed, except as required by applicable law. The Service does not currently offer survivorship, inheritance, or legacy access to accounts or Archives. Available export features are the supported way to create portable copies outside the Service.

This Section applies to your Deara account and to content within the Service. It does not change Apple’s usage rules that apply to your license to the App under the Apple Standard EULA, such as Family Sharing or Apple legacy features where Apple offers them. Those Apple mechanisms do not grant access to a Deara account or to Archive content.

19. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided “as is” and “as available,” and Deara disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow certain disclaimers, so parts of this Section may not apply to you.

20. Limitation of liability

To the maximum extent permitted by applicable law: (a) Deara will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or goodwill, arising out of or relating to the Service or these Terms; and (b) Deara’s total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (i) one hundred U.S. dollars (US $100); or (ii) the amounts you paid for Deara through Apple during the twelve months immediately before the event giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited by law, and nothing in these Terms deprives you of non-waivable consumer protections of the law of the place where you live.

21. Indemnification

To the extent permitted by applicable law, you will indemnify and hold harmless Deara and its officers, employees, and agents from third-party claims, and resulting liabilities, damages, and reasonable costs, arising from: (a) User Content you add that infringes or violates another person’s rights; (b) your intentional or unlawful misuse of the Service; or (c) your material breach of Section 9 or Section 10. This obligation does not apply to the extent a claim is caused by Deara’s own breach, negligence, or willful misconduct.

22. Dispute resolution: arbitration and class action waiver

Please read this Section carefully. It affects your rights.

(a) Informal resolution first. Before starting an arbitration or a small claims case, you and Deara agree to try to resolve the dispute informally. Send a written notice describing the dispute and the outcome you want to legal@deara.app or to the mailing address in Section 27. Deara will send its notice to your account email. If the dispute is not resolved within 30 days after the notice is received, either party may proceed under this Section.

(b) Agreement to arbitrate. Except as provided in subsections (d) and (e), any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this Section 22. Arbitration fees and cost allocation are governed by the AAA rules then in effect, including their consumer provisions. The arbitrator may award the same individual remedies that would be available in court. Judgment on the award may be entered in any court with jurisdiction.

(c) Class action and jury waiver. To the maximum extent permitted by law, disputes will be resolved only on an individual basis. Neither you nor Deara may participate in a class, collective, consolidated, or representative proceeding, and you and Deara each waive any right to a jury trial. Nothing in this subsection waives a right to seek public injunctive relief where applicable law prohibits that waiver. If the prohibition on class or representative proceedings is held unenforceable for a particular claim, or if a claim for public injunctive relief cannot lawfully be arbitrated, the affected claim may proceed in court and the remaining arbitrable claims will remain in arbitration to the extent permitted by law.

(d) Small claims. Either party may bring an individual claim in small claims court if the claim qualifies there.

(e) Carve-outs. Either party may bring a court action for infringement or misappropriation of intellectual property. Either party may also seek temporary or emergency injunctive or equitable relief in court to preserve the status quo or prevent imminent harm pending arbitration. Seeking that relief does not waive the obligation to arbitrate any claim that remains subject to this Section.

(f) Your right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by sending a written notice to legal@deara.app, or to the mailing address in Section 27, that includes your name, your account email, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

(g) Governing law and venue. Florida law governs these Terms and any dispute arising out of or relating to them, without regard to conflict of laws rules, except that the Federal Arbitration Act governs this Section 22. This choice of law does not deprive you of non-waivable consumer protections of the law of the place where you live. For matters that may be brought in court under this Section, the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction where the law allows, and you and Deara consent to venue there.

23. Copyright and intellectual property complaints

If you believe content in the Service infringes your copyright or other intellectual property rights, send a notice to legal@deara.app that includes: identification of the protected work, identification and location of the material complained of, your contact information, a statement that you have a good faith belief that the use is not authorized, a statement that the information in your notice is accurate, and your physical or electronic signature. Deara may remove or disable content and may terminate accounts of repeat infringers.

24. Third-party services

The Service works with services Deara does not control, including Apple platforms and services, sign-in providers, and system features such as the share sheet. Those services are governed by their own terms, and Deara is not responsible for them.

25. Export controls and sanctions

You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as terrorist supporting, and that you are not on any U.S. government list of prohibited or restricted parties. You agree to comply with applicable export control and sanctions laws in connection with the Service.

26. General terms

Electronic communications. You consent to receive notices and other communications about the Service electronically, including in the App and by email to your account address. Electronic notices satisfy any requirement that a communication be in writing.

Changes to these Terms. Deara may update these Terms. If a change is material, Deara will give reasonable advance notice in the App or by email. The updated Terms apply from their stated effective date, and continued use of the Service after that date means you accept them. If you do not agree to updated Terms, stop using the Service and, if you subscribe, cancel through your App Store account settings.

Assignment. You may not assign these Terms. Deara may assign them to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. The Privacy Policy describes how information is handled in a business transfer.

Relationship to the Apple Standard EULA. Nothing in these Terms modifies the Apple Standard EULA as it applies to your license to the App. These Terms govern the Service relationship described in Section 2.

Force majeure. Deara is not responsible for delay or failure caused by events beyond its reasonable control.

Severability and waiver. If any provision of these Terms is held unenforceable, the remaining provisions stay in effect, subject to Section 22(c). A failure to enforce a provision is not a waiver of it.

Entire agreement. These Terms are the entire agreement between you and Deara about the Service relationship, except for any separate terms you expressly accept for a specific feature. The Deara Privacy Policy, Website and Waitlist Privacy Notice, and Service Providers page describe Deara data practices and are not intended to create additional contractual rights, warranties, or guarantees, except where applicable law provides otherwise. The Apple Standard EULA separately governs the license to the App.

Survival. Provisions that by their nature should survive termination survive it, including Sections 6 (as stated there), 7, 8, 14, 15, and 18 through 27.

Language. These Terms are drafted in English. If Deara provides a translation for convenience, the English version controls to the extent permitted by applicable law.

27. Contact

Deara Labs LLC

777 Brickell Avenue, Suite 500, No. 94591

Miami, Florida 33131, United States

Questions, complaints, and support: support@deara.app

Formal and legal notices: legal@deara.app

Privacy and data-rights requests: privacy@deara.app