Terms of Service
These Terms of Service ("Terms") govern your use of everkept ("the Service"), operated by Openground LLC. By connecting your Facebook account or making a purchase, you agree to these Terms.
1. What everkept does
everkept is a web service that accesses your Facebook photos and videos via Facebook's official API, organizes them into a private gallery sorted by person and date, and makes that gallery available to you for a one-time fee. You may also share your gallery with others via a time-limited private link.
everkept is an independent service and is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc.
2. Eligibility
You must be at least 18 years old and have a valid Facebook account to use everkept. By using the Service, you represent that you meet these requirements.
3. Your account and data
When you connect your Facebook account, we access your photos and videos using permissions you explicitly grant. We use this data solely to build and display your gallery. We do not sell, share, or use your media for any other purpose.
Your photos, videos, and face data are stored on our servers for a maximum of 30 days after your gallery is ready, then permanently deleted — unless you purchase a renewal to extend access. See our Privacy Policy for full details.
4. Payment
Access to your full gallery requires a one-time payment processed by Stripe. Pricing is displayed at checkout before you pay. Prices may change for new customers; existing paid galleries honor the price at purchase.
Gallery renewals (to extend access beyond 30 days) are optional and purchased separately.
5. Refund policy
14-day full refund, no questions asked. If you're not satisfied for any reason, email hello@emberphotos.com within 14 days of purchase and we'll issue a full refund. No explanation required.
After 14 days, purchases are non-refundable. Renewals follow the same 14-day policy from the renewal date.
6. Gallery expiry
Your gallery is available for 30 days from the date it's ready. You'll receive an email reminder 7 days before expiry. If you don't renew, your gallery and all associated data are permanently deleted 30 days after expiry (60 days total from gallery-ready date). This deletion is irreversible.
7. Acceptable use
You agree not to:
- Use the Service to access or process photos belonging to others without their consent
- Attempt to reverse engineer, scrape, or circumvent any part of the Service
- Use the Service in any way that violates Facebook's Terms of Service or applicable law
- Share gallery links publicly or in ways that expose others' photos without consent
8. Intellectual property
You own your photos and videos. everkept claims no ownership or license over your content beyond what is necessary to provide the Service (processing and displaying your gallery to you).
9. Disclaimers and limitation of liability
The Service is provided "as is." We make no warranties about uptime, completeness of photo retrieval (Facebook API limitations may affect which photos are accessible), or fitness for any particular purpose.
To the fullest extent permitted by law, Openground LLC's liability for any claim arising from use of the Service is limited to the amount you paid for the Service in the 12 months preceding the claim.
10. Changes to these Terms
We may update these Terms from time to time. If we make material changes, we'll notify you by email (if you've purchased) or by posting a notice on the site. Continued use after changes constitutes acceptance.
11. Governing law
These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. Any disputes will be resolved in the courts of Cuyahoga County, Ohio.
12. Contact
Questions about these Terms? Email hello@emberphotos.com.
Openground LLC · 1284 Som Center Rd, Ste 169 · Mayfield Heights, OH 44124