TERMS OF SERVICE AND PRIVACY POLICY FOR OURMANYNAMES.COM

1. DESCRIPTION OF SERVICE & PERMISSION ARCHITECTURE

By registering an account or using OurManyNames.com (the "Platform" or "Service"), you acknowledge that you have read and agreed to these terms with Web Atelier ApS ("Company," "we," "us," or "our"). If you do not accept these terms, we kindly ask that you do not access or use the Platform.

2. DESCRIPTION OF SERVICE & PERMISSION ARCHITECTURE

OurManyNames.com provides a private, collaborative genealogical platform allowing users to construct family trees, document personal anecdotes/testimonials/obituaries, record family lineage notes, and upload photo galleries.

1. Invite-Only Access: Access to any existing family tree is strictly restricted and governed by an invitation-only model. Only individuals explicitly invited by an existing tree administrator or authorized contributor may view or interact with that specific tree.
2. Access Control & Testimonials: Testimonials, notes, and records posted within a family tree are confidential to that tree and visible only to registered members of that specific tree, or individuals with whom authorized tree members explicitly choose to share access.
3. Upgrades & Media Storage: Basic family tree generation is free. Expanded media capabilities, specifically access to the photo gallery storage and display features, are unlocked via paid upgrades.

3. CROWDSOURCED MEDICAL & HEALTH INFORMATION DISCLAIMER (NO MEDICAL AUTHORITY)

PLEASE READ THIS SECTION WITH SPECIAL CARE.

1. Informational & Genealogical Purpose Only: The Platform may permit users to record family medical histories, hereditary conditions, causes of death, or health anecdotes ("Health Data"). All such data recorded on OurManyNames.com is entirely crowdsourced, unverified, anecdotal information submitted by non-professional family members.
2. No Medical Authority or Verification: Neither Web Atelier ApS nor the contributing users possess medical authority through this Platform. Web Atelier ApS does not review, verify, validate, curate, or endorse any medical details, health history, or genealogical health claims uploaded to the Platform.
3. Not Medical Advice or Diagnostic Tool: The Service and its contents do not constitute medical, genetic, clinical, or diagnostic advice, treatment, or prognosis, nor is OurManyNames.com a regulated medical device or clinical health repository.
4. Assumption of Risk & Professional Consultation: You acknowledge and agree that any reliance on medical or health information found within a family tree is strictly at your own risk. Always seek the advice of a qualified physician, genetic counselor, or healthcare professional regarding any medical condition or hereditary risk.

4. USER REPRESENTATIONS & THIRD-PARTY RIGHTS (LIVING PERSONS)

When adding individuals to a family tree, posting testimonials, or uploading photos and health details:

1. Authority Regarding Living Persons: You represent and warrant that you have obtained all necessary, explicit consents and permissions from any living individual before publishing their personal details, dates of birth, contact information, photos, or medical notes to a tree.
2. Minors: You represent that you are the parent or legal guardian, or have explicit consent from the parent/legal guardian, before uploading any personal data or photographs of individuals under the age of 18.
3. Responsibility for Invites: You are solely responsible for verifying the identity of individuals you invite to your family tree and for managing access permissions granted to them.

5. PAID UPGRADES, BILLING & STATUTORY RIGHT OF WITHDRAWAL

1. Purchases: Upgrades to unlock the Photo Gallery and expanded storage features are billed on a one-off or recurring subscription basis as displayed during checkout. All prices include Danish VAT (moms) where applicable.
2. Immediate Performance & Waiver of 14-Day Cancellation Right:
   Under the Danish Consumer Contracts Act (Forbrugeraftaleloven) and Directive 2011/83/EU, consumers ordinarily possess a 14-day statutory right of withdrawal. However, for digital content and services supplied immediately upon purchase, you expressly consent to the immediate performance of the contract and acknowledge that you lose your 14-day right of withdrawal once the digital service (Photo Gallery access) is activated.
3. Refunds: Except where required by mandatory Danish consumer protection legislation, all fees paid for gallery access and storage upgrades are non-refundable.

6. INTELLECTUAL PROPERTY & CONTENT LICENSES

1. User Ownership: You retain full intellectual property rights, copyright, and ownership over the original photos, testimonials, family lore, and content you submit to OurManyNames.com.
2. Limited Operational License: You grant Web Atelier ApS a worldwide, non-exclusive, royalty-free, technical license strictly limited to hosting, caching, storing, encrypting, processing, and displaying your uploaded content to you and your authorized, invited tree members solely to the extent necessary to operate and maintain the Platform.
3. Platform IP: All software, design systems, algorithms, source code, visual assets, trademarks, and interfaces of OurManyNames.com are the exclusive property of Web Atelier ApS.

7. PROHIBITED USES & CONTENT MODERATION

You agree that you will not:

• Upload illegal, defamatory, abusive, sexually explicit, hateful, or infringing material.
• Upload malicious code, scrape data, or compromise the technical infrastructure of OurManyNames.com.
• Use the Platform to harass, stalk, or dox family members or any third party.
• Share or redistribute access credentials or restricted family tree data with unauthorized third parties.

Web Atelier ApS reserves the right, without prior notice or liability, to suspend, disable, or delete content or accounts that violate these Terms.

8. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

1. "As-Is" Provision: The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including fitness for a particular purpose or continuous uptime.
2. Data Backup: While we utilize robust infrastructure, you remain responsible for keeping independent local backups of your critical family photos, documents, and historical data.
3. Limitation of Liability: To the maximum extent permitted under applicable Danish law, Web Atelier ApS, its directors, employees, and partners shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for loss of data, reputation, or personal disputes arising out of family member contributions or tree access.
4. Aggregate Liability Cap: In all circumstances, the total liability of Web Atelier ApS to you for any claim arising out of or related to the Platform shall be limited to the amount actually paid by you to Web Atelier ApS in the twelve (12) months preceding the incident, or 500 DKK, whichever is greater.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Web Atelier ApS, its affiliates, officers, and employees from and against any claims, liabilities, damages, losses, costs, or legal fees resulting from:

• Your violation of these Terms;
• Your unauthorized upload of any third party's or living family member's personal information, photographs, or medical history without their consent;
• Any dispute arising between members or invited participants of your family tree.

10. GOVERNING LAW AND JURISDICTION

These Terms, and all legal relationships between you and Web Atelier ApS, shall be governed by and construed strictly in accordance with the laws of the Kingdom of Denmark, excluding its conflict of law principles.

Any dispute, controversy, or claim arising out of or in connection with these Terms or the use of OurManyNames.com shall be submitted to the exclusive jurisdiction of the City Court of Copenhagen (Københavns Byret) as the court of first instance.