TERMS OF SERVICE

Last Updated: August 20, 2026

These Terms of Service (“Terms”) govern use of the EverStory Films website and services offered by EverStory Films (“EverStory,” “we,” “us,” or “our”). By purchasing, reserving or using an EverStory service, you agree to these Terms together with any project-specific proposal, order form, service agreement or release applicable to your project.

If a project-specific written agreement conflicts with these general Terms, the project-specific agreement controls with respect to that project.

1. Nature of Services

EverStory Films creates customised biographical, documentary and personal storytelling productions using interviews, photographs, home videos, client-supplied materials, editing, graphics, sound design, music, historical and cultural context and other creative elements.

Each film is a custom creative work. Examples appearing on our website or marketing materials illustrate our style and capabilities but do not guarantee that another project will have identical length, structure, appearance, content or creative treatment.

2. Creative and Editorial Discretion

By commissioning EverStory Films, Client acknowledges that documentary filmmaking involves subjective creative and editorial decisions.

Unless expressly agreed otherwise, EverStory retains reasonable creative discretion regarding interview selection, story structure, sequencing, pacing, editing, music and sound placement, graphics, transitions, colour treatment, photographs, archival materials and other production decisions.

Client review and revision rights are governed by the package or project agreement purchased.

3. Client Cooperation

Client agrees to provide reasonably accurate information, requested materials, approvals, feedback and scheduling availability necessary to complete the project.

Production schedules may be extended when Client delays interviews, uploads, approvals, payments, revision notes or other required materials.

4. Client Materials

Client grants EverStory Films a nonexclusive licence to reproduce, edit, adapt, crop, restore, incorporate and display photographs, videos, recordings, documents and other materials supplied by Client solely as reasonably necessary to create, administer and deliver the commissioned project and exercise any additional permissions expressly granted by Client.

Client represents that Client owns such materials or possesses sufficient authority to provide them for the contemplated use.

Ownership of Client-owned source materials remains with Client.

5. Memories, Statements and Historical Accuracy

Personal documentaries frequently contain recollections, opinions and family histories supplied by interview participants.

EverStory Films does not warrant that every recollection, date, statement, identification or historical claim supplied by Client or an interview participant is independently verifiable or objectively accurate.

Client is responsible for identifying material factual errors during the review process. EverStory may conduct research or verification where appropriate, but such research does not constitute a guarantee of historical, genealogical, medical, legal or other factual accuracy.

6. Third-Party Materials

EverStory Films may incorporate limited third-party materials where editorially appropriate, including for commentary, criticism, biographical or historical context, illustration, cultural reference, comparison, juxtaposition, humour, identification, remembrance or other expressive purposes.

Third-party copyrights remain with their respective rights holders. Inclusion of third-party material does not imply sponsorship, endorsement or affiliation.

No fixed duration, percentage, editing technique, disclaimer or private-use designation automatically determines whether a particular use qualifies for fair use or another copyright limitation or exception.

7. Private Family Editions

Unless otherwise expressly agreed, films containing uncleared third-party material are delivered as Private Family Editions for private, personal, archival and noncommercial family use.

A Private Family Edition should not be assumed to be cleared for unrestricted public exhibition, broadcasting, monetization, advertising, resale or public online distribution.

Client should contact EverStory Films before publicly distributing a Private Family Edition.

8. Public Sharing Editions

At Client’s request, EverStory Films may separately evaluate or prepare a Public Sharing Edition.

Creating such an edition may involve removing, replacing, licensing, shortening or otherwise modifying music, films, television programmes, archival materials or other third-party content.

Additional licensing, editing or production costs may apply.

9. Music

Commercially released music may involve separate rights in musical compositions and sound recordings.

Unless EverStory expressly confirms otherwise in writing, inclusion of music in a Private Family Edition does not constitute a representation that the music has been licensed for public performance, social-media distribution, broadcast, advertising, monetisation, resale or other commercial exploitation.

10. Artificial Intelligence and Production Technology

EverStory Films may use software and AI-assisted tools as part of its production workflow, including for transcription, organisation, research assistance, image or audio restoration, cleanup and other production functions.

EverStory remains responsible for its creative production decisions.

EverStory will not knowingly represent materially fabricated biographical events as authentic client memories.

11. Interviews and Participant Permission

Client is responsible for identifying individuals whom Client wishes to invite to participate.

EverStory may require interview participants or contributors to consent to recording and use of their contribution before inclusion in the project.

EverStory reserves the right not to use any submitted or recorded material.

12. Pricing and Reservation Payments

Pricing is determined by the selected service, project scope and any written quotation.

Unless otherwise stated, a 50% reservation payment is required to reserve production capacity and begin a standard project. The remaining balance is due according to the applicable project agreement.

Additional services outside the agreed scope may require additional payment.

13. Cancellation

Because each project requires reserved production capacity and customised work, cancellation rights and refunds depend upon the project’s stage of completion and the applicable project agreement.

Payments attributable to work already performed, third-party costs incurred or production capacity already reserved may be nonrefundable to the extent permitted by applicable law and the applicable agreement.

14. Revisions

Unless otherwise stated in the selected package or agreement, two reasonable revision rounds are included.

A revision round consists of a consolidated set of requested changes submitted after reviewing the applicable cut.

Included revisions do not include restarting the project, materially changing the agreed creative direction, conducting additional interviews, substantially restructuring an approved film, adding significant quantities of previously unprovided material or recreating completed work because Client changed preferences.

EverStory may quote such work separately.

15. Client Approval

Client is responsible for reviewing names, dates, photographs, factual statements and other important information during the review process.

Final approval authorises EverStory to complete and deliver the project.

Changes requested after final approval or delivery may require additional fees and are subject to project-file availability.

16. Production Schedule

Production and delivery dates are estimates unless expressly guaranteed in writing.

EverStory is not responsible for reasonable delays caused by Client response times, participant availability, illness, technical failures, internet interruptions, third-party services, force majeure or circumstances reasonably outside EverStory’s control.

17. Rush Projects

Rush production is available only when expressly accepted by EverStory Films.

Rush projects may require full payment in advance and an additional rush-production charge.

Payment of a standard reservation does not by itself guarantee delivery by a particular birthday, anniversary, memorial or other event date.

18. Digital Delivery and Archiving

EverStory will deliver final files using the method described in the applicable package or agreement.

Client is responsible for downloading and maintaining appropriate backups following delivery.

EverStory may retain source files, interviews, project files and finished films for operational purposes, but does not guarantee permanent storage unless a separate written archival service provides otherwise.

EverStory may delete project materials after a reasonable retention period.

19. EverStory Intellectual Property

Except for Client Materials and third-party materials, EverStory Films retains ownership of its pre-existing and independently developed intellectual property, including branding, templates, graphics, production systems, workflows, designs, project structures and other reusable creative or technical elements.

Nothing in these Terms transfers ownership of EverStory’s trademarks, branding, production methods or reusable intellectual property.

20. Client’s Use of the Finished Film

Upon full payment, Client receives the rights to use the delivered film within the scope specified by the applicable project agreement and edition.

Client may make reasonable personal backup copies and privately share a Private Family Edition with family members for personal viewing.

No rights in separately owned third-party materials are transferred beyond those available under applicable law or expressly granted by the applicable rights holder.

21. EverStory Promotional Use

EverStory will not assume unrestricted promotional rights to a Client’s complete Private Family Edition merely because EverStory produced it.

Any public use by EverStory of identifiable client interviews, private photographs, testimonials or substantial excerpts will be governed by the permissions contained in the applicable project agreement, release or separate written authorisation.

22. Sensitive and Private Information

Clients should avoid uploading passwords, financial account credentials, Social Security numbers, medical account numbers or other information unnecessary to telling the story.

Where sensitive family information is intentionally included in a project, Client should consider carefully who will receive copies of the finished film.

23. Third-Party Services

EverStory may use third-party services for interviewing, file transfer, payment processing, hosting, review, storage or other production functions.

Those services may be governed by their own terms and privacy practices.

EverStory is not responsible for outages or failures of third-party services outside EverStory’s reasonable control.

24. Platform and Copyright Actions

EverStory cannot guarantee that YouTube, Instagram, Facebook, TikTok, Vimeo or another platform will accept, monetise or continue hosting a particular film.

Automated copyright systems may identify material regardless of whether a user believes a use is lawful.

EverStory is not responsible for platform muting, blocking, demonetization, content-identification matches or takedowns resulting from Client’s public distribution of a Private Family Edition outside its intended scope, except to the extent resulting from EverStory’s breach of an express written representation.

25. Rights-Holder Claims

If EverStory or Client receives a credible third-party claim concerning material incorporated into a film, the parties should reasonably cooperate in evaluating the claim.

EverStory may replace, shorten, mute or remove challenged material from future copies or public-facing editions. Doing so does not constitute an admission of infringement or wrongdoing.

26. No Guarantee of Copyright Exception

Fair use and other copyright limitations or exceptions are fact-specific.

EverStory does not warrant that any court, rights holder, platform, automated content-recognition system or other third party will reach a particular conclusion regarding a specific use.

27. No Professional Advice

Information provided through EverStory’s website, interviews, Story Builder, research or production process is for storytelling and production purposes and is not legal, medical, financial, genealogical or other professional advice.

28. Website Content

The EverStory Films website, branding, written materials, graphics and original media are protected by applicable intellectual-property laws.

They may not be reproduced, copied, scraped, republished or commercially exploited without permission except as permitted by applicable law.

29. Changes to Services or Terms

EverStory may modify its website, offerings, pricing and these Terms from time to time.

Changes apply prospectively and do not alter an existing signed project agreement unless permitted by that agreement or agreed by the parties.