Everheart Terms of Service
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER IN SECTION 8. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Effective Date:
June 9, 2026
The Everheart Mission & Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Zabotta, Inc. (doing business as “Everheart,” “the Company,” “we,” “us,” or “our”). By accessing, downloading, or using the Everheart mobile or web application (the “App”) or any associated services (collectively, the “Service”), you explicitly agree to be bound by these Terms. If you do not agree, you are prohibited from using the Service and must cease use immediately.
User-Generated Content, License, & AI Processing
• Ownership Retention: As between you and Everheart, you retain ownership of the raw text, video, audio, and images you upload directly to the Service ("Legacy Content"). • Grant of License: To enable Everheart to operate, transmit, distribute, host, and display your Legacy Content to your designated recipients, you hereby grant Everheart a worldwide, royalty-free, sublicensable, transferable, non-exclusive license to host, store, cache, reproduce, transmit, modify, and display the Legacy Content solely for the purpose of providing and maintaining the Service. This license survives the termination of your account or your physical incapacitation/death to the extent necessary to execute "Legacy Delivery." • AI Feature Utilization: If you utilize any artificial intelligence features, tools, or enhancements provided within the App ("AI Tools"), you acknowledge that the processing of Legacy Content may involve third-party API dependencies. While you own the final output generated by these AI Tools, Everheart makes no representations or warranties regarding the accuracy, completeness, or suitability of AI-generated outputs. You are solely responsible for vetting AI outputs and agree not to use AI Tools to create defamatory, harmful, infringing, or illegal material.
Data Sensitivity, Security, & Disclaimer of Financial Data
• Security Disclaimer: Everheart employs industry-standard encryption protocols to protect your account data. However, you acknowledge that no digital transmission or storage method is 100% secure. You assume total responsibility and all risk for maintaining the confidentiality of your device access, login credentials, and primary security settings. • Prohibition of Sensitive Financial Data: The Service is strictly a digital legacy and memory repository. You are expressly prohibited from storing highly sensitive data, including but not limited to plaintext bank or credit card credentials, Social Security Numbers, driver's license numbers, or cryptocurrency private keys. Everheart disclaims all liability, and you waive all claims against Everheart, for data breaches or leaks involving unauthorized sensitive financial or identification data stored in violation of this section.
Recipient Access, Guardrails, & “Legacy Delivery” Triggers
• Designated Recipients: You may nominate specific beneficiaries ("Designated Recipients") or an administrative overseer ("Guardian") to access your Legacy Content upon predetermined events. • Absolute Release of Liability for Trigger Events: You acknowledge that Everheart relies entirely on automated software triggers, third-party check-ins, or physical manual confirmations initiated by you or your assigned Guardian to determine when to release Legacy Content. • THE ONUS OF TRIGGER ACCURACY FALLS ENTIRELY ON YOU AND/OR YOUR ASSIGNED GUARDIAN. Everheart does not independently verify the vital status, legal capacity, or location of any user. Under no circumstances shall Everheart be held liable for premature, delayed, or failed delivery of Legacy Content resulting from incorrect trigger parameters, Guardian actions or inactions, or automated email/SMS delivery failures beyond our control.
Service Continuity, Modifications, & Long-Term Storage Limits
• The "Everheart Promise" & Grace Period: Everheart aims for long-term data preservation. However, you acknowledge that digital infrastructure faces long-term commercial, technological, and regulatory changes. If Everheart permanently ceases business operations, Everheart will make commercially reasonable efforts to provide a notice and grace period of up to thirty (30) days for you to download and export your Legacy Content in an unedited, standard "as-is" format. Following the expiration of this window, Everheart is authorized to permanently purge all data without further liability. • Unilateral Modifications: Everheart reserves the right, at its sole discretion, to modify, update, suspend, or discontinue any feature, tool, layout, or operational architecture of the Service at any time, without prior notice or liability to you.
Prohibited Conduct
You agree that you will not, and will not permit any third party to, use the Service to: • Upload, store, or transmit content that violates or infringes upon any patent, trademark, trade secret, copyright, privacy, or publicity rights of any third party. • Upload malware, viruses, Trojan horses, worm components, or automated logical "time bombs" engineered to disrupt, corrupt, or damage the App, servers, or hardware of Everheart or its users. • Harass, threaten, stalk, abuse, or inflict severe emotional distress upon any individual, including your Designated Recipients, through the legacy delivery pipeline. Everheart reserves the right to immediately terminate accounts and wipe data if malicious usage is detected.
EXPRESS DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
• "As-Is" Provision: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, OR NON-INFRINGEMENT. • Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EVERHEART INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA CORRUPTION, TOTAL DATA LOSS, SYSTEM DOWNTIME, OR ANY EMOTIONAL DISTRESS, MENTAL ANXIOUSNESS, OR PSYCHOLOGICAL INJURY ARISING OUT OF OR IN CONNECTION WITH THE STORAGE, CONTENT CREATION, TIMING, OR FAILURE OF THE LEGACY DELIVERY SYSTEM. • Liability Cap: IN NO EVENT SHALL EVERHEART'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EVERHEART IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Dispute Resolution, Binding Arbitration, & Class Action Waiver
• Governing Law: These Terms, and any dispute or claim arising out of or related to them, shall be governed by and construed in accordance with the internal laws of the State of Georgia, without giving effect to any choice or conflict of law provision. • Binding Arbitration: Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including its formation, validity, or breach, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The place of arbitration shall be the Atlanta/Lawrenceville, Georgia area. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. • CLASS ACTION WAIVER: YOU AND EVERHEART AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Early Termination & Subscription License Options
By initiating a cancellation of your monthly Standard Subscription prior to your 12-month membership anniversary, you acknowledge that you have not fulfilled the base operational cycle required to offset initial cloud integration, database provisioning, and AI processing costs. To maintain total platform integrity, database stability, and protect system infrastructure, one annual free data export and download privileges are strictly restricted until after twelve (12) consecutive months of active, paid membership. You must select one of the following legal tracks to handle your encrypted digital vault: • [Cancel & Lock Vault] Your subscription billing stops immediately. Your data remains safely encrypted at rest but will be locked and inaccessible for download or transfer. You may reactivate your account at any time in the future to resume your progress toward your 12-month data unlock milestone. • [Pay $79 Emergency Vault Release] You agree to pay a one-time, non-refundable administrative processing and server egress fee of $79. Upon payment processing, Everheart will securely compile, package, and provide a single, immediate, one-time encrypted data export package for local download. • [Upgrade to Everheart's Ultimate Annual Subscription for $89/year] You agree to skip recurring monthly fees for the remainder of your annual license cycle by upgrading immediately to our Ultimate Annual tier for a flat $89 fee for initial 12 months, then $99 per year thereafter. This unlocks immediate, unrestricted data portability and ongoing download rights. • Hardware Storage Disclaimer: You assume sole responsibility for ensuring that your target personal device or local cloud server has adequate, uncorrupted storage capacity to receive the download package. Everheart is not liable for data degradation or transfer failures occurring on devices with insufficient storage.
Indemnification
You agree to defend, indemnify, and hold harmless Zabotta, Inc., its subsidiaries, executives, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Legacy Content caused damage, emotional distress, or financial injury to a Designated Recipient, Guardian, or third party.
Contact
All official legal notices, inquiries, or clarity demands regarding these Terms should be directed to our Zabotta, Inc Executive officer at: Michael@myeverheart.com.