Effective Date: January 10, 2025 | Last Updated: January 10, 2025
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Firefly Grove ("Company," "we," "us," or "our") governing your access to and use of the Firefly Grove platform, website, and services (collectively, the "Service") available at fireflygrove.app and all associated domains.
BY ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR Privacy Policy, WHICH IS INCORPORATED HEREIN BY REFERENCE.
If you do not agree to these Terms, you must immediately cease all use of the Service and may not create an account.
We reserve the right to modify these Terms at any time. Material changes will be notified via:
Your continued use of the Service after notification of changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may delete your account.
Certain features of the Service may be subject to additional terms and conditions, which will be presented to you at the time you access those features. Such additional terms are incorporated into these Terms by reference.
Firefly Grove is a digital memory preservation platform that enables users to:
Groves and Trees: Organizational structures for categorizing and storing memories.
Branches: Individual memory collections typically associated with specific people or themes.
Nest: Photo staging area with AI-generated writing prompts.
Spark Collections: AI-powered writing prompts to help capture memories.
Open Grove: Public memorial space for legacy trees accessible to the community.
Tree Transfers: Ability to transfer ownership of memory trees to other users.
Grove Exchange: Marketplace for related products (greeting cards, memorial videos, sound wave art, etc.).
The Service is offered in multiple subscription tiers with varying features and storage limits:
Pricing subject to change with 30-day notice to existing subscribers.
We may offer beta, experimental, or early-access features marked as such. These features are provided "AS IS" without warranty and may be modified or discontinued at any time without notice.
You must be at least 13 years of age to use the Service. Users between 13 and 18 years of age must have parental or guardian consent. By creating an account, you represent and warrant that:
To access certain features, you must create an account by providing:
You agree to provide truthful, accurate, and complete information during registration and to update such information to maintain its accuracy.
You are responsible for:
We are not liable for any loss or damage arising from your failure to comply with these security obligations.
Each user may maintain only one active account. You may not create multiple accounts for yourself or allow others to use your account. Violators may have all associated accounts terminated.
You may not transfer, sell, or assign your account to any other person or entity without our prior written consent. Any purported transfer without consent is void.
You retain all ownership rights to content you create, upload, or submit to the Service ("User Content"). This includes but is not limited to:
You represent and warrant that:
All User Content must comply with these standards. User Content must NOT contain:
We reserve the right, but have no obligation, to monitor, review, or remove User Content that violates these Terms or is otherwise objectionable. However, we do not pre-screen content and are not responsible for User Content posted by others.
Important: While we maintain regular backups, YOU are solely responsible for maintaining your own backup copies of User Content. We strongly recommend using the "Forever Kit" export feature regularly to download local copies of all your memories.
By submitting User Content to the Service, you grant Firefly Grove a limited, non-exclusive, worldwide, royalty-free, sublicensable license to:
We will NOT:
• Use your private memories for marketing or advertising
• Share your content with third parties for their commercial purposes
• Claim ownership of your User Content
• Use your content to train AI models without explicit consent
For User Content you designate as "Public" or post to Open Grove (public memorials), you additionally grant us and other users a license to:
If you provide testimonials, reviews, or feedback about the Service, you grant us the right to use such content (including your name) in our marketing materials. You may request removal at any time by contacting us.
The licenses granted in this Section continue for the duration of copyright protection unless you delete the User Content or terminate your account, at which point the licenses terminate within 30 days (except for content you made public, which may remain cached).
You agree NOT to:
Technical Violations:
Misuse of Service:
Content Violations:
Account Violations:
Violation of these prohibitions may result in:
The Service, including its software, design, text, graphics, logos, icons, images, audio clips, data compilations, and overall "look and feel" (excluding User Content) is owned by Firefly Grove and is protected by:
"Firefly Grove," our logo, and other marks used in connection with the Service are trademarks of Firefly Grove. You may not use our trademarks without prior written permission.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
You may NOT:
If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us the right to use such Feedback without restriction or compensation. We own all rights to improvements or modifications made based on your Feedback.
Certain features of the Service require a paid subscription. Subscription plans include:
Payment Processing:
Automatic Renewal:
We reserve the right to change subscription prices at any time. Price changes will:
Prices are exclusive of all taxes, levies, or duties. You are responsible for payment of all such taxes, except for taxes based on our net income.
If payment fails:
We may offer free trials for new users. By starting a free trial:
You may cancel your subscription at any time through:
30-Day Money-Back Guarantee:
No Refunds After 30 Days:
Exceptions:
Canceling your subscription does NOT delete your account. To permanently delete your account and all data:
Firefly Grove is designed to preserve memories beyond a lifetime. We offer special provisions for users planning their digital legacy and for accounts of deceased users.
Active users may transfer ownership of trees to other users (living or deceased):
Users may create memorial trees for deceased loved ones:
When a user passes away, we offer several options:
Option 1: Trustee Access (If Configured)
Option 2: Next of Kin Request
Family members may request access by providing:
We will review requests on a case-by-case basis and may grant limited access or provide data export.
Option 3: Memorialize Account
We are not responsible for:
We reserve the right to:
We will provide reasonable notice of material changes affecting core functionality.
While we strive for 99.9% uptime, we do not guarantee uninterrupted or error-free service. The Service may be unavailable due to:
Beta, experimental, or early-access features:
If we decide to permanently discontinue the Service:
You may terminate your account at any time by:
Termination is effective immediately for account access, with full data deletion within 30 days.
We may suspend or terminate your account immediately, without prior notice or liability, if:
Upon termination:
The following sections survive termination: 4 (User Content), 5.5 (License Duration), 7 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 18 (Dispute Resolution), and 19 (Governing Law).
Important: After account termination, you have a 30-day grace period to export your data. After 30 days, all data is permanently deleted and cannot be recovered. We strongly recommend exporting data BEFORE terminating your account.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
While we implement robust backup and security measures, WE DO NOT GUARANTEE that your User Content will be preserved without loss or corruption. You are solely responsible for maintaining backup copies of important content.
The Service may contain links to third-party websites or integrate with third-party services. We do not endorse and are not responsible for:
AI-powered features (such as Spark Collections writing prompts) are provided for assistance only. We do not guarantee:
You are responsible for reviewing and verifying all AI-generated content before use.
The Service does not provide legal, tax, financial, or estate planning advice. Consult qualified professionals for such matters.
Some jurisdictions do not allow exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, and you may have additional rights.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FIREFLY GROVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:
ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:
The limitations in this section do not apply to:
You acknowledge that we have set our prices and entered into these Terms in reliance upon the disclaimers of warranty and limitations of liability set forth herein, and that the same form an essential basis of the bargain between you and us.
Some jurisdictions do not allow limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Firefly Grove, its affiliates, and their respective officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or related to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.
We will make reasonable efforts to notify you of any such claim, but our failure to provide notice does not relieve you of your indemnification obligations unless you are materially prejudiced by the lack of notice.
We respect the intellectual property rights of others and expect our users to do the same. We will respond to valid notices of copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA").
If you believe your copyrighted work has been infringed on the Service, submit a DMCA notice containing:
Send DMCA notices to: mrpoffice@gmail.com with subject "DMCA Takedown Notice"
If your content was removed due to a DMCA notice and you believe it was removed in error, you may file a counter-notification containing:
We will terminate the accounts of users who are repeat copyright infringers in appropriate circumstances and in our sole discretion.
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages. Do not make false claims.
The Service integrates with or uses third-party services including:
Your use of the Service constitutes acceptance of these third parties' terms and privacy policies.
The Service may contain links to third-party websites. These links are provided for your convenience only. We do not:
We are not liable for:
Before filing a claim, you agree to contact us at mrpoffice@gmail.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved quickly and amicably this way.
PLEASE READ CAREFULLY: This section contains an arbitration agreement which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration.
If informal resolution fails, you agree that any dispute, claim, or controversy arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
Either party may bring suit in court for:
YOU AND FIREFLY GROVE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
You may opt out of this arbitration agreement by sending written notice to mrpoffice@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.
If we make material changes to this arbitration agreement, you may reject the changes by sending written notice within 30 days. In that case, the previous arbitration provisions will continue to apply.
These Terms and any dispute arising from or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
For any disputes not subject to arbitration (as described in Section 18), you agree to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.
TO THE EXTENT PERMITTED BY LAW, YOU AND FIREFLY GROVE WAIVE ANY RIGHT TO A JURY TRIAL in any proceeding arising out of or related to these Terms or the Service.
The Service is controlled and operated from the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Firefly Grove and supersede all prior agreements, understandings, and communications, whether written or oral.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver of any provision will be effective only if in writing and signed by us.
You may not assign, transfer, or delegate these Terms or your rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any purported assignment in violation of this section is void.
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.
All notices to you will be sent to the email address associated with your account. You are responsible for keeping your email address current. Notices to us should be sent to:
Email: mrpoffice@gmail.com
Subject: "Legal Notice - Terms of Service"
These Terms do not create any third-party beneficiary rights except as expressly stated herein.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
These Terms are drafted in English. If translated into other languages, the English version shall prevail in case of any conflict.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
If you are a U.S. government entity, the Service is a "commercial item" as defined in 48 C.F.R. § 2.101, and is licensed in accordance with these Terms.
All provisions that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, dispute resolution, and governing law.
If you have questions, concerns, or disputes regarding these Terms of Service, please contact us:
Firefly Grove
General Inquiries:
Legal Notices:
Email: mrpoffice@gmail.com
Subject: "Legal Notice - Terms of Service"
DMCA Notices:
Email: mrpoffice@gmail.com
Subject: "DMCA Takedown Notice"
Website:
Response Time:
We aim to respond to all inquiries within 2 business days, and legal matters within 10 business days.
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
You further acknowledge that these Terms, together with our Privacy Policy, represent the complete and exclusive statement of the agreement between you and Firefly Grove regarding your use of the Service.
Questions? Contact us at mrpoffice@gmail.com before accepting these Terms if you need clarification on any provision.