Terms of Service
These Terms of Service ("Terms") govern your use of everkept ("the Service"), operated by Openground LLC. By connecting your Facebook or Instagram account, uploading an export file, or making a purchase, you agree to these Terms.
1. What everkept does
everkept is a web service that organizes your Facebook and Instagram photos and videos — whether you connect your account or upload an export file from the platform — into a private gallery sorted by person and date, and keeps 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 or Instagram 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 or Instagram account, or upload an export file, we access your photos and videos using the permissions you explicitly grant or the file you provide. We use this data solely to build and display your gallery. We do not sell, share, or use your media for any other purpose.
If you purchase, your gallery and its photos and videos are kept for as long as you want them — you can download a complete copy or delete everything at any time. If you don't purchase, your preview and its data are automatically deleted within 30 days. 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.
everkept is a one-time purchase. There is no subscription.
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.
6. How long we keep your gallery
Paid galleries are kept indefinitely. Your gallery stays live for as long as you want it, and you always have the ability to download a complete copy of your photos and videos. Your memories are yours to keep.
Unpaid previews are automatically deleted within 30 days.
To keep storage free for you and your data minimal, a paid gallery that goes unused for an extended period (no sign-in or view for 3+ years), or an unusually large one, may be moved to download-only access. If that ever applies to you, we'll email you well in advance with a link to download your full archive — you never lose your photos or videos, only the live hosting of a gallery no one is using.
If everkept ever ceases operation, we will give you at least 90 days' written notice and keep your download available throughout, so you can save your complete archive.
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