Legal

Gathertell Terms of Service

Last updated: October 22, 2026

These Terms of Service ("Terms") are an agreement between you and BuzDigital LLC, doing business as Gathertell ("Gathertell," "we," "us," or "our"). They govern your use of the Gathertell apps, websites, and services (together, the "Service").

Please read these Terms carefully. They include an arbitration agreement and a class action waiver in Section 15. That section affects how disputes between you and Gathertell are resolved. You can opt out of arbitration within 30 days of accepting these Terms. Section 15 explains how.

If you do not agree to these Terms, do not use the Service.

1. What Gathertell Is

Gathertell helps families keep the stories behind their photos and videos. With the Service you can:

We describe the features available on each plan inside the app. Features may change over time as we improve the Service.

2. Who May Use Gathertell

You must be 13 or older to create a Gathertell account. If you are under 13, you may not create an account or use the Service. If we learn that an account holder is under 13, we will close the account and delete its data as described in our Privacy Policy.

Children in your content. Gathertell is built for family memories, and family memories often include children. Photos, videos, and recordings that feature children are uploaded by adult family members, not by the children themselves. If you upload content that features a child, or record a child speaking, you are responsible for having the right to do so. That means you are the child's parent or guardian, or you have permission from the child's parent or guardian. Section 6 covers this in more detail.

Account accuracy and security. You agree to give us accurate account information and to keep your password secure. You are responsible for activity that happens under your account. Tell us right away at support@gathertell.com if you believe your account has been accessed without your permission.

3. Your Content Stays Yours

"Your Content" means everything you upload or create in the Service: photos, videos, voice and video recordings, transcripts of your recordings, captions, comments, music files you upload, family information you enter, and films generated from your material.

You own Your Content. These Terms do not transfer ownership of anything you upload or create to Gathertell.

The license you give us. To run the Service, we need your permission to handle Your Content in specific ways. You grant Gathertell a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, and back up Your Content; to process it into the formats the Service needs (for example, making thumbnails, compressing video, normalizing audio, transcribing recordings, and rendering films); and to display it to you and to the people you choose to share it with. We may use the service providers named in our Privacy Policy to do these things on our behalf, under the same limits.

That is the whole purpose of the license: operating the Service for you and your family. We do not use the license to sell Your Content, to advertise with it, or to show it to people you did not choose. The license ends when Your Content is deleted from the Service, except that it continues as needed for copies shared with others before deletion (for example, a film another family member downloaded), for content that remains in another user's album because you contributed it there, and for limited periods in routine backups.

Feedback. If you send us suggestions or feedback, we may use them without obligation to you.

4. How Family Sharing Works

Sharing is at the heart of Gathertell, so it is worth being clear about who can see what.

5. Payment and Plans

The free plan. You can use Gathertell on the free plan without paying and without giving any payment details. The free plan has limits on storage and use, shown on the Plans screen in the app.

Paid plans. Plus and Family are paid plans. They add more storage, higher monthly limits and features the free plan does not include, as the Plans screen in the app describes. A Family plan covers you and up to three people you invite in Gathertell.

How you buy. You buy a paid plan inside the Gathertell app: through the App Store on an iPhone or iPad, or through Google Play on an Android device. You can see the plans at app.gathertell.com, but you cannot buy one there. Apple or Google handles the purchase and takes the payment under its own terms, and we never receive your card or bank details. Before you buy, the store shows you the price and how often you will be charged, and it handles any sales tax or VAT. A plan belongs to your Gathertell account, so it applies wherever you sign in, but you manage it in the store where you bought it.

Automatic renewal. A paid plan is a subscription. It renews automatically, every month or every year depending on the plan you chose, and the store charges the price of the next period, until you turn renewal off. On the App Store, the renewal is charged in the 24 hours before the current period ends, so turn renewal off at least 24 hours before then to stop the next charge. On Google Play, you can turn renewal off any time before the renewal date.

Cancelling. You turn renewal off in your store account, not in Gathertell. On an iPhone or iPad: open Settings, tap your name, then Subscriptions. On Android: open Google Play, tap your profile picture, then Payments & subscriptions, then Subscriptions. After you cancel, your plan stays on until the end of the period you have paid for, and then your account moves to the free plan. Deleting the app, or deleting your Gathertell account, does not cancel a subscription.

If a payment fails. If the store cannot collect a renewal, it may try again for a while, and your plan may stay on while it does. If the payment does not go through, the plan ends and your account moves to the free plan.

Refunds. Refunds follow the rules of the store you paid. Apple decides refunds for App Store purchases; you can ask at reportaproblem.apple.com. Google handles refunds for Google Play purchases under its refund policy, and you can ask in Google Play. We can also refund some Google Play purchases ourselves, so write to support@gathertell.com if a charge looks wrong. Nothing in these Terms takes away a refund right the law gives you.

Price changes. We may change the price of a paid plan. A new price never applies to a period you have already paid for. Before a higher price applies to your subscription, the store tells you and, where the store or the law requires it, asks you to agree. If you do not want to pay the new price, turn renewal off before it takes effect.

Changes to what a plan includes. We may change what a plan includes as the Service grows. If we take away something a paid plan includes, we will tell you before the change takes effect.

When a plan ends, or you reach a limit. If your plan ends, or you go over a plan's limits, some features (such as adding new photos and recordings) may pause until you free up space or choose a plan with more room. Films you made with looks, effects or openings from a paid plan may play or render with the free plan's choices instead. We will not delete Your Content just because a plan ended or you reached a limit.

Time we add at no charge. If we add time on a paid plan to your account at no charge, it ends on the date we tell you. It does not renew, and it never turns into a paid subscription.

A place on someone else's plan. If someone adds you to their Family plan, your access comes from their subscription and you are not charged for it. It ends when their plan ends or when they remove you.

6. Your Responsibilities

Rights to what you upload. Only upload content you have the right to use. That includes photos and videos you took or have permission to share, and it especially includes music. If you upload a music file to use as a soundtrack, you are responsible for having the rights to that music for the ways you use it, including in films you export or share. Do not upload music you do not have rights to.

Consent of people you record. Gathertell recordings capture real people's voices and images. Before you record someone, get their permission. Some places have laws that require the consent of everyone being recorded. You are responsible for complying with the recording and privacy laws that apply to you.

Recording children. If you record a child or upload content featuring a child, you are responsible for having the consent of that child's parent or guardian, or being that parent or guardian yourself. The Service's consent tools help you keep track of permissions, but the legal responsibility for obtaining them sits with you, the uploading adult.

Family information. You may add information about your family members, such as names, relationships, and family tree details. Only add information you are entitled to share, and be considerate about sensitive family facts.

7. Acceptable Use

Do not use the Service to:

We may remove content or suspend accounts that violate this section.

Reporting content. If you see a photo, video, recording, or comment in Gathertell that breaks these rules, tell us at support@gathertell.com, or use the Report option in the app on the photo or album itself. Include enough detail for us to find it. We review every report and remove content that violates these Terms. You can also block another person from inside the app, which hides everything they add from your own view.

8. Copyright Complaints (DMCA)

We respect copyright and expect our users to do the same. If you believe content on the Service infringes your copyright, send a notice to our copyright agent:

BuzDigital LLC, Attn: Copyright Agent
3112 Quebrada Cir, Carlsbad, CA 92009
Email: support@gathertell.com

Your notice should include: (1) your physical or electronic signature; (2) identification of the copyrighted work you claim is infringed; (3) identification of the material you claim is infringing and enough information for us to locate it; (4) your contact information; (5) a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act for the owner.

If your content was removed because of a copyright notice and you believe the removal was a mistake or misidentification, you may send us a counter-notice with the information required by 17 U.S.C. Section 512(g)(3). We may restore the content as the law allows.

We may terminate the accounts of repeat infringers.

9. Deleting Content and Closing Your Account

You can delete photos, videos, recordings, albums, and films from within the Service. Deleted content stops being available in the Service to you and to the people it was shared with, subject to the sharing rules in Section 4.

You can request deletion of your entire account. Our Privacy Policy and the account deletion page on our website describe how to make that request and what happens to your data. If you contributed content to other people's albums, you can choose whether those contributions should be removed as part of your request. Deleting your account does not cancel a plan you bought through the App Store or Google Play: turn renewal off in your store account first, as Section 5 explains.

10. Changes to the Service; Suspension and Termination

Changes. We are actively building Gathertell, and the Service will change. We may add, modify, or remove features. If we discontinue the Service entirely, or remove a core feature you rely on to access Your Content, we will give you reasonable advance notice and a reasonable opportunity to download Your Content.

Termination by you. You can stop using the Service and request account deletion at any time.

Termination by us. We may suspend or terminate your access if you materially violate these Terms, if we are required to by law, or if your use creates risk or harm to the Service or other users. Unless the violation is serious or the law prevents it, we will tell you the reason and give you a chance to export Your Content first.

A paid period we cut short. If we discontinue the Service, or close your account when you have not seriously violated these Terms, while a period you paid for is still running, we will refund the unused part of a Google Play purchase ourselves. For an App Store purchase, Apple decides refunds, so we will tell you how to ask Apple and support your request.

Export rights. Whatever the reason your relationship with Gathertell ends, our intent is that you never lose your memories. Except where we are legally prohibited, or where content was removed for serious violations such as unlawful material, you will have a reasonable opportunity to download Your Content before your account is closed.

11. Third-Party Services

Parts of the Service work with third parties you choose to use, such as Google sign-in, Sign in with Apple, and Google Photos import. Those services have their own terms and privacy policies, and we are not responsible for them. Our Privacy Policy explains which service providers we use to operate Gathertell.

12. Disclaimers

Gathertell is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the Service will be uninterrupted, error-free, or secure, or that transcripts, face detection framing, or automatic organization will be accurate.

Some jurisdictions, including in some cases California, do not allow certain warranty disclaimers. Nothing in this section takes away rights the law does not let us take away. Where a warranty cannot be disclaimed, its duration is limited to the shortest period the law allows.

Keep your own copies. Gathertell is designed to keep your memories safe, and we take that seriously. Even so, no online service can guarantee against loss. We encourage you to keep your own copies of irreplaceable photos, videos, and recordings.

13. Limitation of Liability

To the fullest extent permitted by law:

These limits do not apply where the law does not allow them. Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, fraud, death or personal injury caused by our negligence, or any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the exclusion of certain damages, so some of the above limits may not apply to you. Nothing in these Terms waives statutory consumer rights that cannot be waived.

14. Indemnity

If a third party brings a claim against Gathertell arising from Your Content, from your use of the Service for commercial purposes, or from your violation of these Terms or of someone else's rights, you agree to indemnify Gathertell from the resulting losses and reasonable legal costs, to the extent the claim is caused by your actions. This section does not apply where prohibited by law, and it does not require you to indemnify us for claims caused by our own conduct.

15. Dispute Resolution: Binding Arbitration and Class Action Waiver

Please read this section carefully. It affects your rights.

Let's talk first. Before starting any formal proceeding, you agree to contact us at support@gathertell.com and give us 30 days to try to resolve the issue informally. Most concerns can be resolved this way. We will do the same before starting a proceeding against you.

Agreement to arbitrate. If we cannot resolve a dispute informally, you and Gathertell agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, not by a judge or jury in court, except for the carve-outs below.

How arbitration works. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at www.adr.org. The arbitration will be held in the county where you live, or another mutually agreed location, and may be conducted by phone, video, or written submissions where the rules allow. The arbitrator can award the same individual relief a court could, including damages and individual injunctive or declaratory relief. Payment of filing, administration, and arbitrator fees will follow the AAA Consumer Arbitration Rules; if those fees would make arbitration prohibitively expensive for you compared to court, we will pay the portion the arbitrator determines is necessary to prevent that.

Small claims carve-out. Either you or Gathertell may bring an individual claim in small claims court instead of arbitration, if the claim qualifies for small claims court.

Public injunctive relief carve-out. Nothing in this section prevents you from seeking public injunctive relief in court where you have the right to do so under California law. Any request for public injunctive relief will be decided by a court, and the arbitration of all other claims will proceed and may be stayed pending the court's decision if either party requests it.

Class action waiver. You and Gathertell each agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of different people or preside over any form of class or representative proceeding. This waiver does not apply to requests for public injunctive relief described above.

Your right to opt out. You can reject this arbitration agreement without any penalty. To opt out, email support@gathertell.com within 30 days of the date you first accept these Terms, with the subject line "Arbitration Opt-Out," and include your name and the email address on your account. If you opt out, the rest of these Terms still apply, and disputes will be resolved in court under Section 16.

Severability of this section. If any part of this Section 15 is found unenforceable, that part will be severed and the rest of the section will remain in effect, with one exception: if the class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court rather than arbitration.

Survival. This Section 15 survives the end of your account or these Terms.

16. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 15. For any dispute that is not subject to arbitration, you and Gathertell agree to the exclusive jurisdiction of the state and federal courts located in California, and each party consents to venue there. If you are a consumer with mandatory legal protections in your place of residence, nothing in this section takes those protections away.

17. Changes to These Terms

We may update these Terms from time to time. If a change is material, we will give you reasonable advance notice, for example by email or an in-app notice, before it takes effect. Non-material changes (such as clarifications or corrections) may take effect when posted, with the "Last updated" date revised. If you keep using the Service after a change takes effect, the updated Terms apply to you. If you do not agree to a change, stop using the Service and, if you wish, request account deletion. Material changes to Section 15 (arbitration) will not apply to disputes that arose before the change, and a new 30-day opt-out window will apply to the changed arbitration terms.

18. General

19. Contact Us

Questions about these Terms? We are happy to help.

BuzDigital LLC, doing business as Gathertell
Email: support@gathertell.com

These terms are effective as of October 22, 2026. If your account was created before October 22, 2026, they apply to you from November 21, 2026, except that Section 5 applies to any plan you buy from October 22, 2026; until then the previous version applies to you. The previous version was effective July 28, 2026.

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