Terms of Service

By creating an account, purchasing Memory Land or another Root & Bower product, accepting stewardship of a sanctuary, or otherwise using the Service, you agree to these Terms and acknowledge our Privacy Policy.

If you use Root & Bower on behalf of a funeral home, organization, estate, or other entity, you represent that you have authority to bind that entity to these Terms.

You must be at least 18 years old and legally capable of entering into a binding agreement to create or control a Root & Bower account.

Adults may preserve information or media concerning children, family members, loved ones, or other people only when they have a lawful basis and appropriate authority or permission to do so. Extra care should be taken before making information about a living person, especially a minor, publicly available.

You are responsible for providing accurate account information, maintaining access to the email address associated with your account, protecting your credentials, and notifying us if you believe your account has been compromised.

Root & Bower may support password, magic-link, or third-party authentication methods. Your use of a third-party identity provider may also be governed by that provider's terms and privacy practices.

You may not impersonate another person or organization, create an account for deceptive purposes, or use another person's account without authorization.

A sanctuary may preserve information about you, a living or deceased loved one, a pet, or another person whose memory you are authorized to steward. You are responsible for the accuracy and lawfulness of the information you submit.

Sanctuary owners and authorized administrators may invite other people into stewardship roles. Depending on the role assigned, those people may be able to view, contribute, edit, organize, approve, or remove sanctuary content. You are responsible for choosing appropriate stewards and permissions.

Root & Bower does not determine family relationships, inheritance rights, executor authority, next-of-kin status, or competing claims to control a person's memory. If a dispute arises, we may temporarily restrict changes or access while the parties resolve the dispute or while we evaluate credible documentation.

Root & Bower provides visibility controls for sanctuaries and certain individual items. You are responsible for reviewing those settings before publishing information.

Content designated as public may be viewed by anyone with access to the public page and may be indexed, cached, copied, quoted, photographed, downloaded, or otherwise retained by third parties outside Root & Bower's control. Changing an item from public to private does not guarantee deletion of copies already made by others.

Sanctuary-only or otherwise restricted content is intended to be available only to authorized users, subject to the operation and security of the Service.

As between you and Root & Bower, you retain the rights you have in stories, photographs, recordings, videos, documents, keepsakes, biographies, and other material you submit ("User Content").

You grant Root & Bower a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transcode, resize, back up, transmit, and display User Content solely as reasonably necessary to operate, secure, maintain, restore, and provide the Service in accordance with your visibility and access settings.

This operational license does not transfer ownership of your User Content to Root & Bower. Root & Bower does not use your private User Content to train generative artificial intelligence models.

You represent that you own the User Content you submit or have sufficient permission, license, authority, or other legal right to submit it and permit Root & Bower to process it as described in these Terms.

Memorial and family-history content may involve the names, likenesses, voices, photographs, correspondence, personal histories, or other information of people who did not create a Root & Bower account.

You are responsible for respecting applicable copyright, privacy, publicity, confidentiality, contractual, and other rights. Do not upload private or sensitive information about a living person without appropriate permission or another lawful basis.

We may remove or restrict content when we receive a credible complaint that it violates these Terms, applicable law, or the rights or safety of another person.

You may not use Root & Bower to:

• upload content you do not have the right to use;
• harass, threaten, stalk, exploit, defame, or unlawfully expose another person's private information;
• publish sexual content involving minors or otherwise exploit children;
• distribute malware, malicious code, spam, scams, or fraudulent material;
• interfere with the security, availability, integrity, or normal operation of the Service;
• scrape, probe, reverse engineer, or access the Service in an unauthorized manner except to the extent a restriction is prohibited by law; or
• use the Service for unlawful purposes.

If you believe material on Root & Bower infringes your copyright, send a written notice to copyright@rootandbower.com identifying the copyrighted work, the allegedly infringing material and its location, your contact information, a statement of good-faith belief that the use is unauthorized, and a statement that the information in your notice is accurate and that you are authorized to act for the copyright owner.

Root & Bower may remove or disable access to material reasonably believed to be infringing and may terminate accounts of repeat infringers in appropriate circumstances.

"Memory Land" is Root & Bower's name for a digital storage entitlement associated with an eligible family account. Memory Land is not real estate, a property interest, a trust, a bank account, a security, or a physical parcel of land.

Memory Land may be allocated among eligible sanctuaries in your care. Written stories and other features identified as not consuming Memory Land do not reduce your purchased storage capacity; uploaded media and documents may consume capacity as described in the Service.

When an upgrade is offered, Root & Bower may charge the difference between your current eligible tier and the destination tier and add the corresponding incremental storage entitlement.

Memory Land has no cash value and may not be resold or exchanged for money unless Root & Bower expressly provides a transfer or resale feature.

Payments are processed by third-party payment providers, including Stripe. Root & Bower does not receive or store your complete payment-card number.

Prices, taxes, promotions, and available products may change prospectively. A completed purchase does not entitle you to a refund merely because a later price or promotion differs.

Except where required by law or expressly stated otherwise, one-time digital purchases are generally final after the purchased entitlement has been provisioned. If you were charged more than once, did not receive the purchased entitlement, or believe a transaction was unauthorized, contact us promptly so we can investigate.

Root & Bower is designed as a long-term preservation service. References to "permanent," "permanence," "built to last," or similar language express the intended long-term nature of the Service and the absence of a recurring expiration fee for qualifying one-time Memory Land purchases. They are not a guarantee that Root & Bower, any particular vendor, or any technology will exist forever.

If Root & Bower permanently discontinues the Service or can no longer maintain stored sanctuaries, we intend to make reasonable efforts to provide advance notice to the email address associated with affected accounts, send repeated reminders when practicable, and provide a reasonable opportunity to export or download sanctuary information and individual preserved items before deletion.

You are responsible for maintaining a current account email and for keeping independent copies of irreplaceable original materials. Root & Bower should not be your only copy of an irreplaceable photograph, recording, video, or document.

We may add, modify, replace, or discontinue features as the Service evolves. We may also use different hosting, storage, email, authentication, or payment providers over time.

We do not guarantee uninterrupted or error-free availability. Maintenance, security incidents, third-party outages, network failures, force majeure events, or other circumstances may temporarily affect access.

We will not materially reduce a paid storage entitlement without providing an appropriate remedy where required by law.

We may remove content, limit functionality, suspend access, or terminate an account when reasonably necessary to address unlawful activity, security threats, abuse, fraud, repeated infringement, violations of these Terms, or material risk to users or the Service.

Where circumstances permit, we will attempt to provide notice and an opportunity to correct a violation before permanent account termination. Serious or urgent misconduct may require immediate action.

You may request closure of your account by contacting privacy@rootandbower.com. Before deleting content, consider whether other stewards have rights or responsibilities associated with the affected sanctuary.

Deletion may remove content from active systems, but limited copies may remain temporarily in backups, logs, fraud-prevention records, transaction records, or records we must retain for legal, security, or accounting purposes.

Root & Bower relies on third-party infrastructure and service providers for functions such as authentication, database services, storage, content delivery, email, and payments. Their services may be subject to separate terms and may experience outages or changes outside our control.

To the fullest extent permitted by law, Root & Bower is provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement to the extent those disclaimers are legally permitted.

Nothing in these Terms excludes warranties, remedies, or rights that cannot lawfully be excluded.

To the fullest extent permitted by law, Root & Bower and its owners, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, goodwill, or data, arising from or relating to the Service.

To the fullest extent permitted by law, our aggregate liability for claims arising out of or relating to the Service will not exceed the greater of (a) the amount you paid Root & Bower during the 12 months preceding the event giving rise to the claim or (b) $100.

These limitations do not apply where applicable law prohibits them.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Root & Bower from third-party claims, damages, liabilities, and reasonable costs arising from your unlawful User Content, your violation of another person's rights, or your material violation of these Terms.

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Unless applicable law requires another forum, disputes relating to these Terms or the Service will be brought in the state or federal courts with jurisdiction in Denver, Colorado.

We may update these Terms as the Service changes. If a change is material, we will provide reasonable notice, which may include email or an in-product notice. Changes apply prospectively from their stated effective date.

We will not quietly amend these Terms to make materially broader use of previously collected private User Content without appropriate notice and any consent required by law.

Questions about these Terms may be sent to legal@rootandbower.com.