TERMS AND CONDITIONS
Last updated: August 25, 2026
AGREEMENT TO OUR LEGAL TERMS
We are My Witness Tree LLC, doing business as My Witness Tree, a company registered in Utah, United States (“My Witness Tree,” “MWT,” “we,” “our,” or “us”). We operate the My Witness Tree mobile application and any related products and services that link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by email at support@mywitnesstree.com.
These Legal Terms constitute a legally binding agreement between you (“you”) and My Witness Tree LLC regarding your access to and use of the Services. By accessing or using the Services, creating an account, or otherwise indicating acceptance, you agree to be bound by these Legal Terms. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms, policies, or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will update the “Last updated” date. We will provide notice of material changes or obtain renewed consent where required by applicable law. Your continued use of the Services after changes become effective constitutes acceptance of the updated Legal Terms.
You must be at least 13 years old to create an independent MWT account. If you are between 13 and the age of majority where you live, you may use the Services only with the involvement or permission of a parent or legal guardian to the extent required by applicable law. Managed profiles are not independent accounts and may represent a person under the age of 13 when created and managed by a parent or legal guardian. Managed profiles cannot be accessed independently, do not have separate login credentials, and are available only through the authenticated account of the managing account holder.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. SUBSCRIPTIONS
8. RETURN/REFUNDS POLICY
9. SOFTWARE
10. PROHIBITED ACTIVITIES
11. COMMUNITY GUIDELINES
12. USER GENERATED CONTRIBUTIONS
13. CONTRIBUTION LICENSE
14. GUIDELINES FOR REVIEWS
15. MOBILE APPLICATION LICENSE
16. SOCIAL MEDIA
17. THIRD-PARTY WEBSITES AND CONTENT
18. ADVERTISERS
19. SERVICES MANAGEMENT
20. PRIVACY POLICY
21. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
22. TERM AND TERMINATION
23. MODIFICATIONS AND INTERRUPTIONS
24. GOVERNING LAW
25. DISPUTE RESOLUTION
26. CORRECTIONS
27. DISCLAIMER
28. LIMITATIONS OF LIABILITY
29. INDEMNIFICATION
30. USER DATA
31. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
32. CALIFORNIA USERS AND RESIDENTS
33. MISCELLANEOUS
34. CONTACT US
1. OUR SERVICES
The Services provide a private journaling and reflection experience designed to help users record meaningful experiences, reflect on them over time, and observe patterns (including optional categorization and impact selections). The Services also include an optional feature that allows users to share specific experiences with other users on a private, one-to-one basis (“Witness Communities”). Shared experiences are only accessible to the recipient(s) selected by the sharing user and can be revoked at any time.
Managed profiles may access the managing account holder's Witness Community member list and may share experiences with members of that Community, subject to the permissions and controls established by the managing account holder. Witness Community members cannot share experiences directly with a managed profile. Experiences shared by another Community member must first be shared with the managing account holder before they may become accessible to a managed profile. Managed profiles cannot create their own Witness Communities or add members. All Witness Community functionality available to managed profiles operates through and remains under the authority and responsibility of the managing account holder.
The information provided through the Services is for general informational and personal reflection purposes only. The Services are not intended to provide medical, mental health, therapeutic, legal, or professional advice. You agree that your use of the Services is at your sole risk.
The Services are operated from the United States. We make no representation that the Services are appropriate or available for use in other jurisdictions. If you access the Services from outside the United States, you are responsible for compliance with local laws.
The Services are not tailored to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. If your activities would subject us to such laws, you may not use the Services.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We own or license all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and the trademarks, service marks, and logos contained therein (“Content” and “Marks”). The Content and Marks are protected by copyright and various other intellectual property rights and unfair competition laws in the United States and worldwide.
Limited License to You
Provided you are eligible to use the Services and comply with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.
Your Feedback
If you send us questions, comments, suggestions, ideas, feedback, or other information (“Feedback”), you agree we may use and share such Feedback for any purpose without compensation to you. This does not grant us rights to your private journal entries or media content beyond what is needed to operate the Services as described in Section 12.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; and (4) you are at least 13 years of age. If you create or manage a profile for another person, you represent that you are the person's parent or legal guardian, or that you otherwise have the legal authority to create and manage the profile on that person's behalf. You acknowledge and accept responsibility for the management of all managed profiles created under your account, regardless of the age of the person represented by the profile. Managed profiles do not operate as independent accounts and may be accessed and managed only through the managing account holder's account.
You further acknowledge that Witness Community functionality used through a managed profile operates under your authority and responsibility as the managing account holder. When an experience owned by a managed profile is shared, the Services identify the managed profile as the owner of that experience. You remain responsible for Community activity conducted through managed profiles, including content selection, sharing decisions, recipient selection, access, and permissions.
(5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Managed profiles, where available, are subordinate to and fully managed through the managing account holder’s account. The managing account holder is responsible for all activity and content associated with managed profiles created under that account.
Managed profiles cannot create their own Witness Communities or add members. They may access the managing account holder's Witness Community member list and may share experiences with members of that Community, subject to the permissions and controls established by the managing account holder. Other Community members cannot share experiences directly with a managed profile. Experiences shared by another Community member must first be shared with the managing account holder before they may become accessible to a managed profile.
5. PRODUCTS
We may offer products, subscriptions, features, or services through the Services. We reserve the right to discontinue or modify products or features at any time. We do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free.
6. PURCHASES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed.
Sales tax may be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars unless otherwise specified.
If you purchase through Apple’s App Store or Google Play, your purchase is processed by that store and subject to that store’s terms and policies. We use RevenueCat to manage subscription status and validate in-app purchases. You agree to comply with any applicable third-party terms, and you acknowledge we may rely on records maintained by the applicable app store and RevenueCat to confirm subscription and purchase status.
7. SUBSCRIPTIONS, CANCELLATION, AND DELETION
Subscription Plans
Access to the Services requires a paid subscription. We currently offer two subscription plans:
Individual Plan
Family Plan
Subscription pricing is based on the selected storage tier. Individual Plans are available with 5 GB, 15 GB, and 25 GB of storage. Family Plans are available with 10 GB, 20 GB, and 30 GB of shared storage.
Family Plans support up to six (6) devices and up to six (6) managed profiles per device. Managed profiles are available only under a Family Plan.
Subscriptions automatically renew unless canceled. By subscribing, you authorize the applicable app store (such as the Apple App Store or Google Play) to charge your selected payment method on a recurring basis at the price in effect at the time of renewal, plus any applicable taxes.
Free Trial
We may offer eligible new users a one (1) month free trial. Unless canceled before the trial period ends, the subscription automatically converts to a paid subscription.
Cancellation
You may cancel your subscription at any time through your Apple App Store or Google Play account settings.
Cancellation takes effect at the end of your current billing cycle. Until then, you retain full access to the Services.
Once the billing cycle ends, your account enters a thirty (30) day grace period during which:
your account remains accessible in a limited, read-only state;
you may view, export, or download your existing content using any export functionality then available through the Services;
you may restore your subscription using the Restore Purchase feature, which immediately restores full functionality; and
you may not create new entries, edit existing entries, upload new media, or otherwise use premium creation features.
Users who do not intend to restore their subscription are strongly encouraged to export any experiences, media, or other information they wish to preserve before the grace period expires.
If your subscription is not restored before the grace period ends, your account, associated profiles, and all associated data will be permanently deleted.
Deleting your My Witness Tree account does not automatically cancel a subscription purchased through the Apple App Store or Google Play. Subscription cancellation must be completed separately through the applicable app store.
Restoring a subscription before the applicable grace period expires preserves your existing account and associated data.
Family Plan Downgrade
Changing from a Family Plan to an Individual Plan does not immediately remove Family Plan functionality. All Family Plan features, including managed profiles, remain fully available through the remainder of the current billing period and throughout the applicable thirty (30) day grace period.
During this time, you may restore or upgrade to a qualifying Family Plan subscription without interruption to managed-profile functionality or loss of managed-profile data.
If you do not intend to restore a qualifying Family Plan subscription, you are strongly encouraged to export any managed-profile experiences or other information you wish to preserve before the grace period expires.
If a qualifying Family Plan subscription is not restored before the grace period ends:
all managed profiles and their associated data will be permanently deleted;
the primary account holder will retain access only to information associated with their own account; and
managed-profile functionality will no longer be available unless a qualifying Family Plan subscription is purchased again.
Restoring or upgrading to a qualifying Family Plan before the applicable grace period expires preserves all managed profiles and their associated data.
Subscription Support
If you have questions about your subscription or experience subscription-related issues, please contact us at support@mywitnesstree.com.
Fee Changes
We may change subscription pricing from time to time. Any price changes will be communicated in accordance with applicable law and the policies of the applicable app store.
8. RETURN/REFUNDS POLICY
If you made a purchase through the Apple App Store or Google Play, refund requests are handled by that store under its refund policies. If you made a purchase directly from us (if offered), refund terms will be provided at the time of purchase or on the relevant checkout page.
9. SOFTWARE
Any software provided as part of the Services is licensed to you, not sold. You may not reproduce, redistribute, reverse engineer, decompile, or disassemble the software, except where such restriction is prohibited by applicable law.
10. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activities include, but are not limited to:
• attempting to gain unauthorized access to accounts or private content
• harassing, abusing, or harming another person
• uploading unlawful or exploitative content, including content that violates others’ rights
• interfering with security features or encryption
• using automated systems to scrape or access the Services without permission
• attempting to circumvent payment systems, subscription checks, or access controls
• violating any applicable law or regulation
We reserve the right to investigate suspected violations of these Legal Terms and take appropriate action, including removing or restricting access to Contributions, suspending or terminating accounts, or taking any other action reasonably necessary to protect the Services or its users.
11. COMMUNITY GUIDELINES
My Witness Tree is designed to foster thoughtful, respectful, and meaningful sharing through private, invitation-only Witness Communities. Users are expected to use the Services lawfully, responsibly, and with respect for others.
Acceptable Use
When participating in Witness Communities, you agree not to:
harass, threaten, intimidate, exploit, or otherwise harm another person;
share unlawful, fraudulent, defamatory, obscene, sexually explicit, hateful, discriminatory, or otherwise objectionable content;
encourage or promote violence, illegal activity, or self-harm;
infringe another person's intellectual property, privacy, or other legal rights;
impersonate another individual or misrepresent your identity; or
otherwise violate these Legal Terms or applicable law.
Reporting Content
If you believe shared content violates these Legal Terms, these Community Guidelines, applicable law, or otherwise presents a safety concern, you may report it through the reporting tools provided within the Services.
To investigate a report, My Witness Tree may access the reported content and other information reasonably necessary to evaluate the report, enforce these Legal Terms, protect users, maintain the integrity of the Services, or comply with applicable law. Access is limited to authorized personnel with a legitimate need to perform these responsibilities.
Enforcement
My Witness Tree reserves the right, but does not undertake an obligation, to monitor, investigate, or take action regarding user content except as reasonably necessary to operate the Services, respond to reports, protect users, enforce these Legal Terms, or comply with applicable law.
If we determine that content or conduct violates these Legal Terms or Community Guidelines, we may take appropriate action, including removing or restricting shared content, limiting Witness Community functionality, suspending or terminating accounts, restricting sharing privileges, or taking any other action reasonably necessary to protect users, the Services, or comply with applicable law.
Community Relationship Controls
You may end a Witness Community relationship at any time. Doing so removes both users from each other's active Witness Community lists and revokes access to experiences previously shared through that relationship.
You may also choose to end the Witness Community relationship and block the other user. This removes the relationship, revokes access to experiences previously shared through that relationship, and prevents the blocked user from sending you future Witness Community invitations while the block remains active. You may view users you have blocked and remove a block at any time through functionality made available within the Services.
12. USER GENERATED CONTRIBUTIONS
The Services may invite you to create, submit, store, or transmit content such as journal entries, reflections, images, audio recordings, and other materials (“Contributions”). Contributions are private by default.
If you choose to share a specific experience with another user through Witness Communities, you are authorizing that specific recipient to access the shared experience content (including text, media, or audio) until you revoke access. Contributions are private by default and are never publicly visible within the Services. Experiences may only be shared intentionally with members of a user's Witness Community whom the user has specifically invited or accepted.
You represent and warrant that:
• your Contributions do not violate any law or infringe third-party rights;
• you own or have the necessary permissions to create and share your Contributions;
• you will not use the sharing feature to harass, threaten, intimidate, exploit, abuse, or otherwise harm others, or to share content that is hateful, discriminatory, sexually explicit, or promotes violence or illegal activity.
• you understand that recipients of shared experiences may choose to copy or retain shared content outside the Services (for example, by taking screenshots), and you share at your own discretion.
We do not generally monitor private Contributions. However, we may access limited information when necessary to provide the Services, resolve technical issues, comply with legal obligations, protect user safety, enforce these Terms or Community Guidelines, or investigate user reports or suspected violations.
Contributions created within managed profiles are treated as Contributions under the authority and responsibility of the managing account holder for purposes of management and enforcement of these Legal Terms. When an experience owned by a managed profile is shared, the Services identify the managed profile as the owner of that experience.
Managed profiles:
cannot create their own Witness Communities or add members;
may access the managing account holder's Witness Community member list;
may share experiences with members of the managing account holder's Witness Community, subject to the permissions and controls established by the managing account holder; and
cannot directly receive experiences shared by other Community members. Experiences shared by another Community member must first be shared with the managing account holder before they may become accessible to a managed profile.
All Witness Community functionality available to managed profiles operates through and remains under the authority and responsibility of the managing account holder. Managing account holders remain responsible for all managed-profile content, access, sharing selections, recipient selections, and permissions.
13. CONTRIBUTION LICENSE
You retain ownership of your Contributions.
Limited license to operate the Services: By creating or uploading Contributions, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and display your Contributions only as needed to provide the Services to you and to deliver content to recipients you explicitly authorize (for example: saving your entries, syncing across devices, generating your requested views/insights, and sharing a selected experience with a chosen recipient).
No commercial exploitation: This license does not give us the right to sell, rent, advertise with, market, publicly distribute, or otherwise commercially exploit your private journal entries or personal media content.
14. GUIDELINES FOR REVIEWS
If we provide areas within the Services where you can leave reviews or feedback, you agree that reviews must be truthful and must not contain unlawful, harassing, hateful, defamatory, or misleading content. We may accept, reject, or remove reviews in our sole discretion.
15. MOBILE APPLICATION LICENSE
Application License and Store Terms
For an App obtained through Apple’s App Store, Apple’s Standard Licensed Application End User License Agreement (the “Standard EULA”) governs the license to install and use the iOS App. These Legal Terms separately govern your MWT account, subscriptions, content, managed profiles, Witness Communities, and use of the Services. For an App obtained through Google Play, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the App on devices you own or control, subject to these Legal Terms and applicable Google Play terms.
App Store Providers
Your use of an App obtained from Apple’s App Store or Google Play is also subject to the applicable store’s terms and policies. To the extent these Legal Terms conflict with Apple’s Standard EULA solely regarding the license to the iOS App, the Standard EULA controls.
16. SOCIAL MEDIA
The Services may allow certain interactions with third-party social media platforms (for example, sharing links) if enabled. Your interactions with third-party platforms are governed by those platforms’ terms and privacy settings. We are not responsible for third-party platforms or their practices.
17. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, and other content belonging to or originating from third parties ("Third-Party Content"). Certain features of the Services also rely on trusted third-party providers, including PostHog for application analytics and diagnostics, RevenueCat for subscription management and validation of in-app purchases, and Chottulink for secure deep linking. We do not investigate, monitor, or check Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Websites or Third-Party Content.
18. ADVERTISERS
My Witness Tree does not display third-party advertising in the Services and does not sell user data for advertising purposes. If advertising or sponsored content is introduced in the future, we will update these Terms and our Privacy Policy and provide any notices required by law and app store rules.
19. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable your access to the Services (including private sharing features) as needed to protect users, comply with law, or maintain the Services; (4) manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We may also investigate reports of alleged violations of these Legal Terms or the Community Guidelines and access reported content to the extent reasonably necessary to evaluate the report, protect users, enforce these Legal Terms, maintain the integrity of the Services, or comply with applicable law.
We do not generally access or review private journal entries or media content except as necessary to provide the Services, troubleshoot technical problems, respond to user reports, enforce these Legal Terms or Community Guidelines, comply with legal obligations, protect user safety, or investigate suspected illegal activity.
20. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
21. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any content available on or through the Services infringes your copyright, you may send a notification pursuant to the DMCA. Your notification should include the information required by 17 U.S.C. § 512(c)(3). You may wish to consult an attorney before submitting a notice.
We will respond to notices as required by law and may remove or disable access to allegedly infringing material.
22. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation.
If we terminate or suspend your account, you may not register and create a new account under your name, a fake name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
Account data retention, grace periods, export rights, and permanent deletion following subscription cancellation or a Family-to-Individual downgrade are governed by Section 7 of these Legal Terms and our Privacy Policy.
23. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during downtime or discontinuance.
24. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-law principles.
25. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms or the Services (a “Dispute”), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration or court proceedings. Informal negotiations commence upon written notice from one party to the other.
Binding Arbitration
If the parties are unable to resolve a Dispute through informal negotiations, the Dispute may be finally and exclusively resolved by binding arbitration, to the extent permitted by law. The arbitration shall be conducted under the rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Consumer Arbitration Rules. The location of arbitration may be Utah County, Utah, unless the AAA rules or applicable law require a different location.
Exceptions / Injunctive Relief
The parties retain the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent (or enjoin) the unlawful use or disclosure of confidential information, invasion of privacy, unauthorized access, infringement or misappropriation of intellectual property rights, or theft/piracy.
Restrictions
Arbitration shall be limited to the Dispute between the parties individually. To the extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
If any portion of this section is found unlawful or unenforceable, that portion shall be severed and the remainder shall remain in effect.
26. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
27. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
28. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MY WITNESS TREE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $5,000.00 USD, WHICHEVER IS GREATER, OR AS OTHERWISE REQUIRED BY LAW.
29. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless My Witness Tree, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful or unlawful act by you.
30. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services and as described in our Privacy Policy. Although we perform regular routine backups of data where applicable, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of any such data, except to the extent such liability cannot be limited under applicable law.
Data retention, export rights, grace periods, and permanent deletion following subscription cancellation or a Family-to-Individual downgrade are governed by Section 7 of these Legal Terms and our Privacy Policy.
Voluntary Account Deletion
You may initiate deletion of your MWT account through the method provided within the App. We may require confirmation or reauthentication before processing the request. When you delete your account, it is immediately deactivated and your associated data enters a thirty (30) day recovery period.
During the recovery period, you may create a new My Witness Tree account and contact My Witness Tree Support to request restoration of eligible data from your deleted account. Restoration is available only during the recovery period and may require verification that you were the account holder.
If restoration is not requested and completed before the recovery period expires, the deleted account and associated data will be permanently deleted in accordance with our Privacy Policy and cannot be recovered.
31. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.
You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.
32. CALIFORNIA USERS AND RESIDENTS
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
33. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
34. CONTACT US
To resolve a complaint regarding the Services or to receive further information, please contact us at:
My Witness Tree LLC
6258 W 10220 N
Highland, UT 84003
United States