CUSTOMER AGREEMENT

THE OHANA VAULT LLC

This Customer Agreement (these “Terms”) govern all digitization, digital conversion, digital restoration, and related services (the “Services”) provided by The Ohana Vault LLC, a Florida limited liability company (“we,” “us,” or the “Company”), to you (the “Customer” or “you”).

1. YOUR ORDER

1.1 Packages and Pricing. The Services, deliverables, item counts, and price for your order are the ones described on the product page for the package you purchased, as reflected in your Order Confirmation. Any add-on you select at checkout is part of your order.

1.2 Version Control. The version of these Terms in effect at the time you complete checkout governs your order for its entire duration, even if we later publish a revised version. We archive prior versions and will provide the applicable version on request.

1.3 Materials We Accept. We accept loose photographs, photo albums, children’s artwork, family recipes, family documents, newspaper clippings, and photographic negative film (collectively, the “Physical Materials”). We do not accept any other category of item. If you send us items outside this list, we may return them at your expense or, if return is impractical, hold them under Section 7.

1.4 Getting Your Materials to Us. Your Order Confirmation contains shipping and drop-off instructions. Do not send anything before you receive it. You are responsible for delivering the Physical Materials to us and for the risk of loss during any shipment you arrange. We strongly recommend a trackable, insured shipping method. Our custody begins when we physically receive your Physical Materials and ends when we return them to you or hand them to a carrier for return shipment.

1.5 Turnaround. Any turnaround time we state is a good-faith estimate, not a deadline. Time is not of the essence. If your order will take substantially longer than estimated, we will tell you.

1.6 If We Cannot Perform Your Order. If we determine we cannot perform the Services you purchased, we will notify you, return your Physical Materials, and refund you in full.

2. RESTORATION

2.1 Digital Only. All restoration we perform is digital. We work from a digital scan. We do not physically repair, retouch, chemically treat, or otherwise alter your original Physical Materials. Your originals come back in the condition we received them, subject to Section 3.

2.2 No Guaranteed Result. Restoration involves subjective artistic and technical judgment. We do not warrant any particular visual result, degree of improvement, color accuracy, or resemblance to the original condition of an image. How much damage, fading, staining, or loss can be corrected depends on the condition and resolution of the source material and varies substantially between items.

2.3 Items We Decline to Restore. We may decline to attempt restoration of any item, or stop work on an item, if in our judgment the source material will not support a satisfactory result.

2.4 Dissatisfaction Is Not a Damage Claim. If you are unhappy with the appearance or outcome of a digital restoration, it does not constitute loss of or damage to your Physical Materials under Section 4.

3. RISK AND RELEASE

3.1 Inherent Fragility. You acknowledge that photographic prints, aged paper, children’s artwork, newspaper clippings, and film negatives are inherently fragile and subject to natural degradation, tearing, fading, brittleness, adhesion, and cracking, and that these conditions can worsen through ordinary careful handling. You voluntarily assume all risks associated with the mailing, handling, processing, and scanning of your Physical Materials by the Company.

3.2 Release. To the maximum extent permitted by Florida law, you RELEASE, WAIVE, AND DISCHARGE the Company and its owners, employees, and agents from any and all claims, demands, and liabilities for ORDINARY NEGLIGENCE arising from the loss, theft, damage, or destruction of your Physical Materials while in our custody, and you agree not to bring legal action against us for such ordinary negligence.

3.3 What This Release Does Not Cover. Nothing in these Terms releases, waives, or limits our liability for gross negligence, recklessness, willful or intentional misconduct, fraud, or any liability that cannot be released or limited under Florida law.

4. LIMITATIONS

4.1 Limitation of Liability. Subject to Section 3.3, if we are found liable for loss of or damage to your Physical Materials, your sole and exclusive remedy is limited to the greater of (a) the total amount you paid us for the affected order, or (b) $300 per order.

4.2 Damages We Are Not Responsible For. We are not liable for sentimental value, historical value, or for any consequential, incidental, indirect, special, or punitive damages, regardless of the legal theory and regardless of whether we were advised such damages were possible.

4.3 If a Limit Is Unenforceable. If any limitation in this Section is held unenforceable, it shall be reduced to the maximum limitation permitted by law rather than eliminated, and the rest of these Terms remains in effect.

5. YOUR PROMISES TO US

5.1 Ownership and Copyright. You represent and warrant that you own the Physical Materials, and that you are the copyright owner of all content in them or have obtained the express written permission of the copyright owner to reproduce, scan, restore, and duplicate that content.

5.2 Indemnification. You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Company and its owners, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or resulting from any third-party claim relating to our scanning, restoration, or reproduction of your Physical Materials, including, but not limited to, claims of copyright infringement, invasion of privacy, or violation of a right of publicity, and from any breach of your representations in these Terms.

5.3 Survival. This Section survives completion of your order and any termination of these Terms.

6. YOUR FILES AND YOUR PRIVACY

6.1 You Own Your Files. After full payment and a complete order, in the Company’s sole discretion, you own the digitized and restored files we produce from your Physical Materials. We retain no ownership interest in them and acquire no license to use them except as expressly granted in Section 8.

6.2 Delivery and Retention. Completed files are delivered in the format stated on your order. We may keep a copy for ninety (90) days after delivery as a courtesy, not a right, and then permanently delete it. After such deletion by the Company of your completed files, you shall not be entitled to any copies or refund. We are not a backup, archival, or storage service. Please keep your own copies.

6.3 Confidentiality. We recognize the sensitive and personal nature of what you entrust to us. We will not share, distribute, publish, sell, or license your materials, including photographs, documents, and personal information, to any third party without your express consent, except as required by law or as necessary to use service providers who are bound by comparable confidentiality obligations.

6.4 Security. We maintain reasonable, industry-standard administrative and technical safeguards to protect your digital files while we hold them. No system is perfectly secure, and we do not guarantee against unauthorized access resulting from causes beyond our reasonable control.

6.5 Successor Access. If the Company’s owner dies or becomes incapacitated, a designated successor may access Company accounts, records, and customer materials for the limited purpose of safeguarding those materials, returning them to customers, and winding down the business. The successor is bound by the confidentiality obligations in this Section.

7. PAYMENT, RETURN, AND UNCLAIMED MATERIALS

7.1 Payment. Payment is due in full at checkout unless your Order Confirmation states otherwise. If at any time the Company determines that additional costs are required to complete the order for any reason, the Company will notify you of such and shall require additional payment by you before proceeding. If you refuse such additional charges, the Company may cancel your order in whole or in part in the Company’s sole discretion and may issue a refund to you subject to Section 7.2. We may hold completed digital files and Physical Materials until payment in full is received. Unpaid balances accrue interest at the lesser of 1.5% per month or the maximum rate permitted by Florida law.

7.2 Cancellation and Refunds. You may cancel before we begin work for a full refund. Once work has begun, you are responsible for the Services performed through the date of cancellation and we refund the balance. Because the Services are performed on your unique materials, completed work is not otherwise refundable.

7.3 Completion, Storage, and Abandonment.

(a) First notice. We notify you by email and/or telephone when your order is complete and your Physical Materials are ready for pickup or return shipment (the “Completion Notice”). If your order included return shipment, the Company shall return your Physical Materials as outlined in your order.

(b) Second notice. If your Physical Materials remain unclaimed or not picked up thirty (30) days after the Completion Notice, we send a second notice by email and/or telephone.

(c) Storage fee and third notice. If your Physical Materials remain unclaimed sixty (60) days after the Completion Notice, a storage fee of $25 per month begins to accrue, and we send a third notice by email and/or telephone.

(d) Abandonment. If your Physical Materials remain unclaimed ninety (90) days after the Completion Notice, and we have sent at least three notices as described above, the Physical Materials are deemed abandoned and we may donate, recycle, or securely destroy them without further notice or liability.

(e) Reclaiming your materials. You may reclaim your Physical Materials at any time before disposal by paying all amounts owed, including accrued storage fees, and any shipping fees. Please keep the contact information on your order current by emailing us at the address in Section 9.7.

8. OPTIONAL: PROMOTIONAL USE OF YOUR IMAGES

8.1 License You Grant. If you opted in, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, and display digitized reproductions of your materials in our marketing, advertising, website portfolio, printed materials, and social media content. We may crop, adjust, or combine the images with other text or graphics, provided the context remains respectful. You keep ownership of the underlying materials and files.

8.2 People in the Images. You represent and warrant that you have authority to grant this license as to every identifiable person appearing in the materials, and that where any identifiable person is under eighteen (18) years of age, you are that person’s parent or legal guardian or have obtained the written permission of that person’s parent or legal guardian. The indemnity in Section 5.2 applies to any breach of this Section.

8.3 No Identifying Details. We will not publish family names, dates, locations, or other identifying details drawn from your materials without your separate written permission.

8.4 You Can Change Your Mind. You may revoke this consent at any time by emailing us at the address in Section 9.7. Within thirty (30) days of receiving your notice, we will stop new uses and remove the materials from websites and social media accounts we control. We cannot recall printed materials already distributed or remove content reposted by third parties outside our control.

8.5 No Compensation or Approval Right. If you opted in, you waive any right to royalties or other compensation for the permitted uses, and waive the right to inspect or approve the finished promotional materials in which the images appear.

9. GENERAL

9.1 Governing Law and Venue. These Terms are governed by the laws of the State of Florida. Any action arising under them shall be brought exclusively in a court of competent jurisdiction in Pinellas County, Florida.

9.2 Record of Your Acceptance. Our records of your checkout, including the date, time, order number, and the acceptance and consent boxes you checked, are the record of your agreement to these Terms and of any optional consent you gave. We will provide you a copy on request.

9.3 Changes to These Terms. We may revise these Terms at any time by publishing a new version with a new effective date. Changes apply only to orders placed after the new version takes effect. See Section 1.2.

9.4 Severability. If any provision of these Terms is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if that is not possible, and the remaining provisions remain in full force and effect.

9.5 Entire Agreement. These Terms, together with your Order Confirmation and the product page for the package you purchased, are the entire agreement between us regarding the Services and supersede all prior discussions, quotes, and correspondence. If anything in the Website Terms of Use conflicts with this Agreement regarding the Services, this Agreement controls.

9.6 Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a sale or transfer of our business.

9.7 How to Reach Us. All notices to us, including revocation of promotional consent and updates to your contact information, should be sent to sales@theohanavault.com.