Terms of Service

Last updated: April 2026

These Terms of Service (“Terms”) govern your access to and use of the Heirsay iOS application and website (collectively, the “Service”) provided by Heirsay (“we,” “our,” or “us”). Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By downloading, installing, or using the Heirsay app or visiting the Heirsay website, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.

2. Account Registration

To use most features of Heirsay, you must create an account. You agree to:

  • Provide accurate and complete information when creating your account
  • Keep your login credentials secure and not share them with others
  • Notify us immediately at support@heirsay.app if you suspect unauthorized access to your account
  • Be responsible for all activity that occurs under your account

You must be at least 13 years old to create an account and use the Service.

3. User Content

Heirsay allows you to upload, record, and store photos, audio, video, and written text (“User Content”). You retain full ownership of all User Content you create.

By uploading or storing User Content through the Service, you grant Heirsay a limited, non-exclusive, royalty-free license to store, process, and transmit your content solely for the purpose of operating and providing the Service to you. We do not claim any ownership rights over your content.

You are solely responsible for the User Content you create. You represent and warrant that your content does not violate any applicable law or third-party rights.

4. Acceptable Use

You agree not to use the Service to:

  • Upload, record, or share content that is illegal, harmful, harassing, defamatory, obscene, or otherwise objectionable
  • Infringe on the intellectual property rights of any third party
  • Attempt to gain unauthorized access to any part of the Service or other users' accounts
  • Use the Service for any commercial purpose other than your personal family use without our written permission
  • Reverse engineer, decompile, or otherwise attempt to extract the source code of the app
  • Use automated scripts or bots to access or interact with the Service

5. Subscription Terms

Heirsay offers a free tier and a Premium subscription. Premium subscriptions are offered on a monthly or annual basis and are billed through Apple's App Store.

  • Billing: Subscriptions automatically renew unless you cancel at least 24 hours before the end of the current period.
  • Cancellation: You can cancel your subscription at any time through your Apple ID settings. Cancellation takes effect at the end of the current billing period.
  • Refunds: Refund requests are handled by Apple in accordance with their App Store refund policy.
  • Price changes: We may change subscription prices with reasonable notice. Continued use after a price change constitutes acceptance of the new price.

If your Premium subscription lapses, your account reverts to the free tier. Your existing content is not deleted, but you will be unable to add new content beyond the free tier limits until you re-subscribe.

Payment will be charged to your Apple ID account at confirmation of purchase. Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription.

6. Intellectual Property

The Heirsay app, website, branding, logos, and all technology underlying the Service are owned by Heirsay and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand names.

You retain ownership of your User Content. We retain ownership of everything else related to the Service.

7. QR Codes and Heirtags

QR codes (Heirtags) generated by Heirsay link to content hosted on our Service. We do not guarantee the permanent availability of QR code links. If you delete your account, remove content, or if the Service is discontinued, QR codes may cease to function. Physical QR stickers are produced by you and are your responsibility. We recommend exporting your data regularly to ensure you have a local copy of your content.

8. Indemnification

You agree to indemnify and hold harmless Heirsay, its owners, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

9. Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will make reasonable efforts to notify you of significant changes. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We are not responsible for any loss of User Content due to technical failures, though we take reasonable steps to prevent such loss.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEIRSAY AND ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

12. Termination

You may stop using the Service and delete your account at any time from within the app or by contacting us.

We reserve the right to suspend or terminate your account if you violate these Terms. Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy.

Upon account termination or deletion, you may export your content before deletion takes effect. After the 30-day deletion period described in the Privacy Policy, your data will be permanently removed and cannot be recovered.

13. Dispute Resolution

Before filing any legal claim, you agree to contact us at support@heirsay.app and attempt to resolve the dispute informally for at least 30 days. If the dispute is not resolved informally, either party may pursue resolution in the courts specified in the Governing Law section. Nothing in this section prevents either party from seeking injunctive or other equitable relief.

14. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in the State of Texas.

15. General Provisions

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Heirsay regarding the Service and supersede all prior agreements.

Force Majeure

Heirsay shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, war, pandemics, government actions, or infrastructure failures.

Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the app and updating the “Last updated” date at the top of this page. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

17. Contact Us

If you have questions about these Terms, please contact us at: support@heirsay.app