Hold Harmless & Release of Liability

1. Acknowledgement of Risks

User understands that sendUnsaid is a private video message and sharing service. User acknowledges that uploading, storing, and sharing audio, video, images, and written content involves inherent risks, including but not limited to: unauthorized access, accidental disclosure, loss of data, recipient misuse of shared links, emotional or reputational harm arising from the content itself, and disputes with other individuals depicted in the content.

2. Release of Liability

To the fullest extent permitted by law, User hereby releases, waives, discharges, and covenants not to sue Company, its owners, officers, employees, contractors, agents, and affiliates (collectively, “Released Parties”) from any and all claims, demands, damages, losses, costs, or causes of action, whether known or unknown, arising out of or related to:

• the content User uploads, records, stores, or shares through the service;
• the acts or omissions of any recipient with whom User shares a video or link;
• disputes between User and any third party depicted in or referenced by User’s content, including co-parents, family members, and minors’ other legal guardians;
• service interruptions, data loss, unauthorized access not caused by Company’s gross negligence, or the failure of any third-party provider (hosting, payments, email, video delivery); and
• any emotional, psychological, reputational, or financial harm arising from the existence or content of User’s recordings.

3. Indemnification

User agrees to indemnify, defend, and hold harmless the Released Parties from and against any third-party claim, suit, proceeding, judgment, settlement, fine, penalty, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) User’s content; (b) User’s violation of these terms, the Terms of Service, the Privacy Policy, or applicable law (including COPPA, state privacy laws, and recording- consent laws); (c) User’s infringement of any third party’s rights, including privacy, publicity, or intellectual property rights; or (d) any claim by a person depicted in User’s content, including a minor or their other legal guardian.

4. Parental Responsibility

If User uploads content depicting a minor, User represents and warrants that User is the parent or legal guardian of that minor and has the legal authority to capture, store, and share the content. User assumes full responsibility for obtaining the consent of any other parent or guardian whose consent may be required by law or court order, and agrees to indemnify Company against any claim brought by such other parent or guardian.

5. Recording-Consent Laws

User is solely responsible for complying with all applicable federal and state laws regarding the recording of audio and video, including any “two-party consent” or all-party-consent statutes. Company makes no representation that use of the service in any particular jurisdiction is lawful.

6. No Warranty

The service is provided “as is” and “as available,” without warranties of any kind, express or implied. Company does not guarantee perpetual availability, uninterrupted access, or that videos will be retained indefinitely.

7. Limitation of Liability

To the maximum extent permitted by law, Company’s total aggregate liability to User for any claim arising out of or relating to the service shall not exceed the greater of (a) the total amount User paid Company in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). In no event shall Company be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages.

8. Governing Law & Venue

This agreement is governed by the laws of the United States and the state in which Company is principally located, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the state or federal courts located in that jurisdiction, and User consents to personal jurisdiction there.

9. Severability & Survival

If any provision of this agreement is held unenforceable, the remainder shall remain in full force and effect. Sections 2 (Release), 3 (Indemnification), 6 (No Warranty), and 7 (Limitation of Liability) survive termination of User’s account.

This Hold Harmless Agreement supplements, and does not replace, the Terms of Service and Privacy Policy. It is not legal advice; consult an attorney for guidance about your specific situation.