Effective Date: [DATE TO BE SET AT LAUNCH]
These Terms of Service (the "Terms") form a binding agreement between you ("you," "your," or "User") and Crest Advisory Group LLC, a Florida limited liability company ("Crest," "we," "us," or "our"), governing your access to and use of the MyStory platform, available at mystory.askmarcia.com and any associated tenant subdomains (e.g., {slug}.mystory.askmarcia.com), together with any related services, features, applications, content, and software (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 13), WHICH AFFECT YOUR LEGAL RIGHTS.
By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agreed to these Terms, our Privacy Policy, our Persona Consent Addendum (if applicable), and our Subscription Disclosures, each of which is incorporated by reference. If you do not agree, do not use the Service.
You represent that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract. The Service is not directed to children under thirteen (13), and we do not knowingly collect information from such children. See our Privacy Policy for additional details on minors.
If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.
To use the Service, you must register for a MyStory account. You agree to:
You are responsible for all activities that occur under your account. We may suspend or terminate accounts that contain inaccurate, fraudulent, or impersonating information.
The Service is offered on a subscription basis. Current plans include:
All fees are payable in U.S. dollars and are exclusive of any applicable taxes, which are your responsibility. Crest reserves the right to modify pricing on at least thirty (30) days' prior notice; changes will not affect the current paid term.
New subscribers receive a thirty (30) day free trial of the recurring subscription portion. The $99 setup fee is charged at sign-up and is not part of the free trial. If you do not cancel before the trial expires, your selected plan will begin automatic billing.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE UNTIL CANCELLED. By providing a payment method, you authorize Crest and its payment processors to charge that method on a recurring basis without further authorization until you cancel. You may cancel at any time in your account settings. Cancellation takes effect at the end of the then-current paid period.
The $99 setup fee is refundable within thirty (30) days of initial purchase. Recurring subscription fees are non-refundable for the current period; cancellation stops future renewals only. Annual prepay is non-refundable.
If a payment fails, we will retry up to three times, then place the account in a 14-day grace period during which the Service may be limited. After the grace period, the account becomes dormant per Section 9.
You agree not to:
The Service offers optional features that capture your voice and create a digital persona ("Persona") trained on your stories, lessons, and recordings. By enabling these features, you separately acknowledge and agree to the Persona Consent Addendum.
You retain ownership of your voice recordings, written content, and stories ("Author Content"). You grant Crest a worldwide, royalty-free, non-exclusive license to host, store, process, transmit, encode, transcribe, model, render, and display Author Content solely as necessary to operate the Service for you and your designated Family Invitees and Executor.
Crest does not use Author Content to train any general-purpose foundation model or to train models for other customers. Author Content remains yours.
The Persona is an artificial intelligence assistant built from Author Content. The Persona is not the author. Outputs of the Persona are limited to references and combinations of Author Content the author has captured, with the model's reasoning layer providing language fluency. Family Invitees should treat Persona outputs as a thoughtful synthesis, not a literal channeling of the author.
You retain all ownership rights in Author Content. You represent that you own or have all necessary rights to upload your content to the Service.
The Service, including its software, design, branding, models, prompts, system instructions, and the MyStory and Crest Advisory Group trademarks, is and will remain the exclusive property of Crest and its licensors. We grant you a personal, limited, non-transferable, non-sublicensable, revocable license to use the Service in accordance with these Terms.
If you provide feedback or suggestions about the Service, you grant Crest a perpetual, irrevocable, royalty-free license to use that feedback without obligation.
You may invite family members or other individuals ("Family Invitees") to access portions of your MyStory account. You are responsible for:
Family Invitees must accept these Terms and the Privacy Policy before accessing the Service. We may, in our sole discretion, deny or revoke access to any Family Invitee whose conduct violates these Terms.
The Service supports time-locked deliveries to specified recipients (e.g., a letter to a grandchild dated 2050). You acknowledge:
You may cancel your subscription at any time. Cancellation stops future renewal charges; access continues through the end of the paid period. After the paid period ends, your account becomes dormant: Author Content remains stored, the Persona is paused, family chat is disabled, and sealed-letter delivery continues as scheduled.
In lieu of cancellation, you may "Pause" your account for up to ninety (90) days. During a Pause, no charges accrue, the Persona is dormant, and you may reactivate at any time.
We may suspend or terminate your account, with or without notice, for any material breach of these Terms, fraud, abuse, or non-payment beyond the grace period in Section 3.5. We may also terminate the Service or any feature on at least sixty (60) days' notice to all users.
After twelve (12) months of inactivity, the procedures in our Inactivity Protocol take effect, including reminder cadence and one-time Executor access. See the Inactivity Protocol document for full details.
You agree to indemnify, defend, and hold harmless Crest, its officers, directors, employees, contractors, and affiliates from and against any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your Author Content; (b) your use of the Service; (c) your breach of these Terms; or (d) your violation of any third-party right or applicable law. Crest will reasonably cooperate in your defense at your expense and may assume exclusive defense and control of any matter subject to indemnification by you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.
(B) IN NO EVENT WILL CREST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(C) CREST'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID TO CREST IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100).
(D) CREST DOES NOT GUARANTEE THE PERPETUAL AVAILABILITY OF SEALED LETTERS OR PERSONA INTERACTIONS BEYOND THE TERM OF THIS AGREEMENT, AND YOU ASSUME THE RISK OF MULTI-DECADE STORAGE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, in which case the foregoing limitations apply to the fullest extent permitted by law.
Before filing any claim, you agree to first contact us at legal@crestadvisorygroup.com and attempt informal resolution for at least sixty (60) days.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, with the seat of arbitration in Palm Beach County, Florida. Judgment on the award may be entered in any court of competent jurisdiction.
YOU AND CREST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Either party may seek injunctive or equitable relief in a court of competent jurisdiction for intellectual property claims or breaches of confidentiality.
You may opt out of the arbitration provision by notifying us in writing at legal@crestadvisorygroup.com within thirty (30) days of first acceptance of these Terms.
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Subject to Section 13, the state and federal courts located in Palm Beach County, Florida have exclusive jurisdiction over any matter not subject to arbitration.
We may update these Terms from time to time. We will provide notice of material changes by email and via in-Service notice at least thirty (30) days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance.
Operating Entity: Crest Advisory Group LLC, a Florida limited liability company. Contact: legal@crestadvisorygroup.com | (561) 935-3100 | https://www.crestadvisorygroup.com/
[COOLEY REVIEW REQUIRED. auto-renewal/trial-conversion language in Section 3, multi-decade availability disclaimer in Section 12(D), arbitration clause in Section 13, sealed-letter/minor language in Section 8, and Persona license scope in Section 5.]