Terms of Service.
1. Scope
These General Terms of Service apply to all contracts concluded between you (consumers or business customers) and the provider of Aile Hafızası (see Imprint) via the website ailehafizasi.com.
2. Subject of the contract
Aile Hafızası provides a digital family archive in which customers can manage family members, memories, photos, voice messages, transcripts, timelines, places and family-tree information. The packages currently offered are: "Free Memory Sample", "Family Archive" and "Large Archive", along with individual add-ons. The specific scope, storage and usage limits and durations result from the package selected at the time of contract conclusion. There are no subscription models.
3. Conclusion of contract
The presentation of packages on the website is not a binding offer but an invitation to order. By clicking the order button in the Stripe Checkout you place a binding offer. The contract is concluded with payment confirmation by Stripe and activation of the archive by our system.
4. Prices and payment
The prices stated on the website at the time of order apply. All prices stated are end prices. Due to the small-business regulation under § 19 of the German VAT Act (UStG), no value-added tax (VAT) is shown. Payment is processed via Stripe (credit card, SEPA and other methods depending on availability). A payment confirmation is provided by email.
5. Availability, term and renewal
The duration of access depends on the selected package. The "Free Memory Sample" provides a limited test scope according to the service description shown at the time of activation. The "Family Archive" includes one year of access from contract conclusion. The "Large Archive" includes two years of access from contract conclusion.
After the included access period ends, the customer may renew access for a fee. The renewal prices displayed before completion of the renewal apply bindingly. The renewal currently costs €29 per year for the Family Archive and €49 per year for the Large Archive; these prices may change and are displayed again before each renewal.
A specific availability over multiple years is not guaranteed. The full data export (JSON, and depending on the package, ZIP with original media) is available at any time so the customer can keep their own backup copy.
6. User obligations
You ensure that all persons whose voice messages, photos or personal data you bring into the archive have consented or that you are legally entitled to process this content. For photos of living persons, the right to one's own image applies; content infringing third-party rights must not be uploaded.
7. Right of withdrawal and expiry for digital content
Consumers generally have a 14-day right of withdrawal. For digital content — in particular activated archives, add-ons and automatically generated content — the right of withdrawal expires once we have started executing the contract and you have (a) explicitly agreed that execution begins before the withdrawal period ends, and (b) confirmed that your right of withdrawal expires with this. We obtain this consent at checkout via a mandatory checkbox. See withdrawal information.
8. Free memory sample instead of money-back guarantee
Aile Hafızası may offer a free memory sample or test phase with a limited feature set before the purchase of a paid archive. This allows the customer to get an impression of how the digital family archive works before buying.
No voluntary money-back guarantee is granted for paid archives. Statutory consumer rights remain unaffected.
If, when purchasing a paid digital archive, the customer expressly agrees that Aile Hafızası may begin executing the contract before the statutory withdrawal period ends and at the same time confirms that the right of withdrawal will lapse with the start of execution, the statutory right of withdrawal may expire in accordance with the statutory provisions.
9. Usage rights and ownership of content
Content uploaded or transmitted by the customer or by invited family members — in particular photos, audio files, texts, transcripts and other family information — remains with the customer or the respective entitled persons. Aile Hafızası only receives the simple, non-exclusive and purpose-bound right to store, technically process, transcribe, structure, display, back up and provide such content within the booked family archive. Publication, advertising use or transfer for other purposes will not occur without separate consent unless required by law or for the necessary engagement of technical service providers to perform the contract.
10. Data security and customer's own backup obligation
Aile Hafızası takes appropriate technical and organisational measures to protect stored content against loss, unauthorised access and technical failure. However, absolute availability at all times and the complete exclusion of data loss cannot be guaranteed for technical reasons. Customers are advised to additionally back up particularly important content via the provided export functions or their own backups. Statutory liability — in particular for intent, gross negligence and injury to life, body or health — remains unaffected.
11. Privacy
Personal data is processed in accordance with our privacy policy. In particular, we obtain consent from the narrator before processing their WhatsApp voice messages. Information on technical service providers and sub-processors is also set out in the privacy policy.
12. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body and health, and for claims under the Product Liability Act. Otherwise liability is limited to the foreseeable damage typical of the contract. Any further liability is excluded.
13. Transferability, death and inheritance
Within the archive the customer may add family members and, where technically supported, grant access rights. In the event of the customer's death, Aile Hafızası may transfer access to the archive to entitled heirs or to persons designated by the customer in advance, provided the entitlement is demonstrated in an appropriate form. Aile Hafızası is entitled to require reasonable evidence for this. Without sufficient evidence, no archive will be released or transferred to third parties. The rights and data-protection interests of other affected persons remain unaffected.
14. Changes to these Terms
We may change these Terms for future orders. For existing contracts the version you agreed to at purchase applies.
15. Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the provider's seat.
The EU online dispute resolution platform is available at ec.europa.eu/consumers/odr. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.
Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of any invalid provision.
