Terms and Conditions

Effective Date: August 2024

This agreement uses basic words each with a specific meaning. You should know what they mean and if at any point need a reminder, look here.  

Agreement: refers, collectively to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the Breadcrumb Digital Privacy Policy) and procedures that may be published on the website. 

Service: refers to the applications, software, products, and Services provided by Breadcrumb Digital.

Website: refers to Breadcrumb Digital’s Website located at leavebreadcrumbs.org and web app located at breadcrumbapp.vercel.app, and all content, Services, and products provided by Breadcrumb Digital at or through the Website, subdomains, or web apps..Occasionally, Websites owned by Breadcrumb Digital may provide different or additional terms of Service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or Service. 

User, You, and Your: refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its function. 

Breadcrumb Digital, Breadcrumb, We, and Us: refer to Breadcrumb Digital, LLC, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. 

Content: refers to the content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available, written or otherwise, created or uploaded, by our Users. 

Account Terms

Account Requirements:

To subscribe for an account You must be human and age 13 or older. Accounts registered by any automated methods, including “bots,” or to individuals under the age of 13, unless given parental consent, will be terminated immediately. 

 

Each login may be used by one person and may not be shared amongst multiple people. Person’s who are designated as Your breadcrumb beneficiary will be provided all information upon Your death or disappearance and do not need to access Your account via shared password.


Account Verifications:

A valid email and phone number for multi-factor authentication are required in order to complete the sign up process and a valid name is required for billing purposes. Any other information requested, such as date of birth, is not used during sign up verification, but is required to verify Your account in the event of Your death or disappearance. 


User Account Security:

It is Your responsibility to keep Your account secure. We manage the security of our database and User information from the event of a breach, but You are responsible for Content posted and activity occurring on Your account. 


Breadcrumb Digital offers two-factor authentication for all accounts, but the Content of Your account and security of Your password are Your responsibility. Breadcrumb Digital cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. 


Should You become aware of any unauthorized use of, or access to, our Services through Your account, You will promptly notify Breadcrumb Digital. 


Acceptable Use

Laws and Regulations:

Your use of the Service and data stored on the Website may not violate any applicable laws. You are responsible for making sure that Your use of the Service is in compliance with any applicable laws and local regulations. 


Conduct: 

While using our Service, You agree that You will not:

  • Threaten or harass any Breadcrumb Digital Employee or User. 

  • Violate the privacy or any Employee or User, such as posting information without their consent. 

  • Impersonate any of our Employees or Users including false association with Breadcrumb Digital or misrepresenting Yourself as a User or one of their breadcrumb beneficiaries. 

  • Attempt to disrupt or tamper with Breadcrumb Digital servers including ways that could harm or place undue burden on our Website or Service or access our Service or Data in ways that exceed Your authorization.


Services Usage:

You agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, or access to the Service without express written permission of Breadcrumb Digital.


Excessive Bandwidth:

If Your bandwidth usage is excessive in relation to other Users, We reserve the right to suspend Your account or throttle Your file hosting until bandwidth consumption is reduced. 


Intellectual Property

Rights to Content:

Breadcrumb Digital retains ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to You under this Agreement or by law. 



Payment 

Pricing:

Pricing and payment terms are available at www.leavebreadcrumbs.org.  If You agree to a subscription plan, that will remain Your price for the duration of the payment term; however, prices are subject to change at the end of the payment term. 


Billing schedule and refunds:

  • The Service is billed in advance on a monthly or yearly basis. Plan cancellations will go into effect the next billing cycle. 

  • We offer a 15 day refund policy on all annual subscription plans. If You would like a refund, please contact us and We will be more than happy to assist. 


Authorization:

By agreeing to these Terms, You are giving Us permission to charge Your on-file credit card, PayPal account, or other approved methods of payment for fees that You authorize for Breadcrumb Digital. 


Responsibility for Payment:

You are responsible for all fees, including taxes, associated with Your use of the Service. By using the Service, You agree to pay Breadcrumb Digital with a valid means of payment for any charge incurred in connection with Your use of the Service. 



Cancellation and Termination

Account cancellation:

It is Your responsibility to properly cancel Your account with Breadcrumb Digital. You can delete Your account at any time by going into Your account settings. The Settings screen provides a simple, no questions asked, delete option. 


All information is purged from our database when You cancel Your account. Information cannot be recovered once Your account is canceled. 


Account Termination:

Breadcrumb digital has the right to suspend or terminate Your access to all or any part of the Website at any time, with or without case, with or without notice, effective immediately. Breadcrumb Digital reserves the right to refuse Service to anyone for any reason at any time. 


Communications with Breadcrumb Digital

Electronic Communication:

For contractual purposes, You consent to receive electronic communications from Us via the email You have submitted when signing up for the Service and agree that all terms of Service, Agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that those communications would satisfy if they were on paper. 


Legal Notices to Breadcrumb Digital:

Legal notices to Breadcrumb Digital must be in writing and served on Breadcrumb Digitals legal agent. Communications via email or support messaging system will not constitute legal notice. 


Disclaimer:

Breadcrumb Digital provides the Website and Service “as is” and “as available.” Breadcrumb Digital does not warrant that the Service will meet Your requirements; be uninterrupted, timely, secure, or error-free; that the information provide through the User or Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from Your downloading and/or use of files, information, Content or other material obtained from the Service. 


Limitation of Liability

You acknowledge and agree that We are not responsible for any loss of profits, usage, goodwill, or data, nor for any incidental, indirect, special, consequential, or exemplary damages resulting from:

  • Your ability or inability to access or use the Service;

  • Any changes in pricing, modifications, suspensions, or termination of the Service;

  • The overall Service, or the software and systems that support it;

  • Unauthorized access or modifications to Your data or transmissions;

  • Actions or statements by any third party using the Service;

  • Any interactions with other Users through the Service;

  • Or any other issue related to the Service.

Our liability is limited regardless of whether We have been made aware of the potential for such damages, and even if any remedy described in this Agreement fails in its primary purpose. We are not responsible for delays or failures due to circumstances beyond our reasonable control.


Release and Indemnification

You agree to indemnify, defend, and hold Us harmless from and against any claims, liabilities, and expenses, including legal fees, arising from Your use of the Website and the Service, including but not limited to any breach of this Agreement. This indemnification applies provided that Breadcrumb Digital: (1) promptly notifies You in writing of any claim, demand, lawsuit, or proceeding; (2) grants You full control over the defense and resolution of such claims, demands, lawsuits, or proceedings (with the condition that You may not settle any matter unless the settlement fully releases Breadcrumb Digital from all liability); and (3) offers reasonable assistance at Your expense.



Changes to these Terms of Service

We may amend these Terms of Service at any time and will update these Terms of Service should any amendments be made. Users will be notified of material changes at least 30 days in advance via a notice posted on our Website. Your continued use of the Website constitutes Agreement to our revisions to these Terms of Service for any non-material modifications. 


We reserve the right to modify or discontinue (temporarily or permanently) the Website (or any part of it) with or without notice. 



Miscellaneous

Governing Law:

Except as otherwise required by applicable law, this Agreement between You and Breadcrumb Digital, including Your access to and use of the Website and Services, is governed by the federal laws of the United States and the laws of the State of Ohio, excluding any conflicts of law principles. You and Breadcrumb Digital consent to the exclusive jurisdiction and venue of the courts located within the State of Ohio.


Non-Assignability:

Breadcrumb Digital may assign or transfer these Terms of Service and/or the Breadcrumb Digital Privacy Policy, in whole or in part, to any individual or entity at any time, with or without Your consent. You may not assign or transfer any of Your rights or obligations under the Terms of Service or Privacy Policy without our prior written approval, and any such unauthorized assignment or transfer by You is void.


Severability, No Waiver, and Survival: 

If any provision of this Agreement is found to be invalid or unenforceable, that provision will be interpreted to reflect the parties’ original intentions, and the remaining provisions will continue in full force and effect. Breadcrumb Digital’s failure to enforce any provision of this Agreement does not constitute a waiver of its right to do so in the future. The rights and obligations of the parties under this Agreement will survive its termination.


Entire Agreement:

These Terms of Service, together with the Breadcrumb Digital Privacy Policy, constitute the entire agreement between You and Breadcrumb Digital and supersede all prior or contemporaneous agreements, whether oral or written, relating to the subject matter herein.



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Breadcrumb Digital, LLC is a limited liability company in the State of Ohio in the United States of America.