Terms of Service

These Terms of Service (“Terms”) govern your use of Everlast Archive (“we,” “us,” or “our”), including our website, digitization services, AI photo enhancement, hosting, and related features. By creating an account, placing an order, or using the service, you agree to these Terms.

1. The service

Everlast Archive digitizes physical photo albums and related materials, stores digital copies, and may apply automated (including AI-assisted) processing to detect, crop, straighten, enhance, and present photographs. Features and pricing are described on our site and may change over time.

2. AI enhancement and originals

We are not responsible for the accuracy, completeness, or fidelity of AI-enhanced images. Automated enhancement may alter color, sharpness, lighting, geometry, or other visual qualities. Results can vary and may not perfectly match the physical print or your expectations.

The original scan of each photo remains available. Enhanced or “restored” versions are supplements. You can view or download original crops/scans where the product provides that option. If you rely on an image for legal, archival, identification, or other critical purposes, use the original scan—not the AI-enhanced version.

AI tools may be provided by third parties. We do not guarantee uninterrupted availability of those tools or that enhancement will succeed for every image.

3. Your content and ownership

You retain ownership of your photos and albums. By using the service, you grant us a limited license to store, process, enhance, display, and transmit your content solely to provide the service (including backups, quality review by authorized workers, and delivery to you or people you share with).

You represent that you have the rights needed to submit the materials and that doing so does not violate others’ privacy, publicity, copyright, or other rights.

4. Physical albums and shipping

If you send physical albums or media to us, you are responsible for packing and shipping them safely. We take reasonable care while materials are in our possession, but we are not liable for loss or damage caused by carriers, improper packaging, pre-existing condition of materials, or events beyond our reasonable control. Keep copies of irreplaceable items when possible. Return shipping, if included in your plan, follows the process described at checkout or in your order communications.

5. Accounts and acceptable use

You must provide accurate account information and keep your login credentials secure. You may not misuse the service, attempt unauthorized access, interfere with other users, upload unlawful or harmful content, scrape or reverse engineer the platform except as allowed by law, or use the service for purposes other than personal or family memory preservation without our written consent.

6. Sharing and hosting

If you create share links or grant access to others, you are responsible for who you invite and how those people use the content. Hosting plans, storage limits, and renewal terms (if any) are as stated at purchase. We may suspend access for unpaid, expired, or abusive accounts after notice where reasonable.

7. Payments, taxes, and refunds

Prices are shown at checkout and are processed by our payment provider. You authorize charges for the selected plan and any applicable taxes. Refund eligibility depends on order status and applicable law; digitization work that has already begun or been completed may not be fully refundable. Contact us if you believe a charge was made in error.

8. Referrals and promotions

Referral codes, commissions, and promotional offers are subject to their stated rules. We may modify or end promotions and may withhold or reverse commissions for fraud, chargebacks, or terms violations.

9. Privacy

How we collect and use personal information is described in our Privacy Policy, which is part of your agreement with us.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DIGITIZED OR AI-ENHANCED IMAGES WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR USE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERLAST ARCHIVE AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE ORDER OR SUBSCRIPTION GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.

Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent allowed.

12. Indemnification

You agree to indemnify and hold us harmless from claims arising out of your content, your use of the service, or your breach of these Terms, except to the extent caused by our willful misconduct.

13. Changes and termination

We may update these Terms by posting a revised version on this page. Continued use after changes means you accept the updated Terms. We may suspend or end access for Terms violations, nonpayment, or to protect the service or other users. You may stop using the service at any time; provisions that by nature should survive (including ownership, disclaimers, and liability limits) will survive termination.

14. Contact

Questions about these Terms: use the contact options on our website or email the address we publish for customer support.