Overview
PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16.
Agreement to These Terms
These Terms of Use (“Terms”) are a binding agreement between you and Acatium, Inc. (“Acatium,” “Taproot Library,” “we,” “us,” or “our”) governing your access to and use of the Taproot Library website, mobile applications, upload tools, and related services (the “Service”). By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy, Biometric Data Policy, and other posted policies, which are incorporated by reference. If you do not agree, do not use the Service.
Eligibility and Geographic Scope
You must be at least 18 years old to create an account. The Service is not directed to and may not be used by children under 13, and we do not knowingly permit account creation by anyone under 13. The Service is offered only to users located in the United States. You may not use the Service from outside the United States, and you are responsible for compliance with local laws if you access it from elsewhere.
Accounts and Security
To use the Service you must create an account and provide accurate, current information. You are responsible for safeguarding your credentials and for all activity under your account. We offer multi-factor authentication and strongly recommend you enable it. Notify us promptly at support@taprootlibrary.com of any unauthorized use. Each person must maintain their own account; accounts are not transferable except as expressly provided in Section 14 (Deceased Users).
Libraries, Roles, and Sharing
The Service is organized around “Libraries.” Storage is allocated to and funded by the Library owner according to that owner’s subscription tier (the “Owner-funded storage” model). Within a Library there are three roles:
Owner: holds and funds the Library, bears the storage allocation determined by the owner’s subscription level, and controls the Library.
Administrator: granted permission by an owner to manage Library settings, and may attest to permission for biometric processing as described in Part III.
Contributor: invited by an owner or administrator to add Content, comment, and participate.
Invitations are sent by link. A person who does not have an account will be prompted to register before joining. Every user maintains their own account and credentials, and each user is responsible for their own subscription level (which may be a free contributor account). Sharing is limited to invited Library members; the Service does not offer public links, social posting, or sharing with the general public. Members of a Library can see Content and activity within that Library; removing Content from a Library removes access for all members.
Acceptable Use and Prohibited Content
You agree not to upload, store, share, or transmit Content that:
is child sexual abuse material (CSAM);
is non-consensual intimate imagery;
infringes the intellectual property rights of others;
depicts or facilitates illegal activity;
is harassing, threatening, or hateful;
is used to harass or impersonate identifiable people;
is deceptive AI-generated content (for example, deepfakes) used to harm others; or
contains spam, malware, or phishing.
You also agree not to misuse the Service, circumvent security or storage limits, reverse engineer the Service, or use it to violate any law.
Content scanning. You acknowledge that we scan all uploads for malware and for CSAM before storage, that scanning is fail-closed, and that Content which fails or cannot clear a scan may be quarantined pending review. The Service is not end-to-end encrypted. We report CSAM to NCMEC as required by 18 U.S.C. § 2258A and preserve related materials as required by law, and we cooperate with law enforcement as legally required.
Suspension and termination for cause. We may suspend or terminate an account or remove Content for violations of these Terms. For serious violations (CSAM, non-consensual intimate imagery, credible threats, or unlawful content), we may suspend or terminate immediately and without prior notice, and we will report as legally required. For other violations, we generally use a graduated approach: notice and an opportunity to cure where appropriate; temporary suspension for repeated or unresolved issues; and termination for repeated, severe, or uncured violations. Quarantine of an asset is not by itself an account action. We aim to give notice and a chance to appeal a termination except where prohibited by law or where doing so would create a safety or legal risk.
Your Content; Ownership
As between you and us, you retain all ownership rights in the Content you upload. We do not claim ownership of your Content. You are responsible for your Content and for having the rights necessary to upload and use it on the Service.
License You Grant to Us
You grant Acatium a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process your Content solely as needed to operate and provide the Service to you and the members of your Libraries, including applying the AI features described in the Privacy Policy on your Content for your features. This license includes creating backups, generating derivatives (such as transcripts, tags, and embeddings) to power your features, and performing the safety scanning described in Section 5.
This license does not permit us to use your Content to train our AI models, to sell or license your Content or its derivatives to third parties, or to use your Content for marketing or public display. The license is limited to providing the Service and ends when your Content is deleted, except for the limited retention described in the Privacy Policy (for example, backups rolling off and legally required records). The license does not survive account deletion except to the limited extent necessary to complete deletion, honor a Library transfer you direct, and retain legally required records.
Content About Others; Your Representations and Indemnity
You represent and warrant that you have all rights, consents, and permissions necessary to upload Content and to allow us to process it as described, including with respect to any identifiable person who appears in your Content. For biometric processing (facial recognition), you further agree to the consent and attestation requirements in the Biometric Data Policy (Part III). You agree to indemnify, defend, and hold harmless Acatium and its officers, directors, employees, and agents from any claim, loss, or liability arising out of Content you upload or your breach of these representations. (See also Section 13.)
Subscriptions, Payments, Free Trials, and Refunds
The Service offers a free tier with a storage limit, paid subscriptions, tiered storage plans, one-time purchases, and a free trial. Each user is responsible for their own subscription. We do not offer family or group billing plans; an owner may share Libraries, but every user maintains a separate account and subscription.
Payment processing. Web payments are processed by Stripe. In-app purchases on iOS and Android are processed by Apple and Google under their billing rules, which also govern refunds for those transactions.
Auto-renewing subscriptions. Paid subscriptions renew automatically at the then-current price for the billing interval you selected (currently monthly) until you cancel. You can cancel at any time through your account settings or the applicable app store; cancellation takes effect at the end of the current billing period.
Free trial.
Billing intervals and pricing.
Price changes. We will give advance notice of any price increase as required by law and the applicable app-store rules, and the new price will apply to subsequent billing periods unless you cancel.
Refunds.
Lapsed subscriptions.
Intellectual Property of the Service
The Service, including its software, design, and the Taproot Library name and logos, is owned by Acatium and protected by intellectual-property laws. “Taproot Library” is the subject of a pending U.S. trademark application (standard character mark, Serial No. 99837716, in International Classes 009 and 042). Except for the rights expressly granted to you, we reserve all rights in the Service. You may not use our marks without our prior written permission.
AI Features; Disclaimers
AI and machine-learning features are provided to assist you and may produce inaccurate, incomplete, or unexpected results, including incorrect recognition, transcription, tagging, or generative output (sometimes called “hallucinated” content). WE DO NOT WARRANT THE ACCURACY OF ANY AI OUTPUT, AND YOU SHOULD NOT RELY ON AI OUTPUT AS AN AUTHORITATIVE RECORD. Generative features enhance existing Content (for example, restoration, upscaling, and colorization) and are not designed to fabricate depictions of identifiable people. AI outputs are saved into your archive and are subject to these Terms and the Privacy Policy.
Warranties and Disclaimers
THE SERVICE AND ALL CONTENT AND AI OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that Content will not be lost or corrupted. We do not currently offer any service-level, uptime, durability, or data-loss commitment. You are responsible for maintaining your own copies of important Content. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACATIUM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, CONTENT, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACATIUM’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 6 MONTHS BEFORE THE CLAIM OR USD $100.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
Deceased Users and Account Inheritance
You may designate a legacy contact or beneficiary who may access or download your archive after your death.
Acatium honors valid directions made through an in-service legacy-contact tool, which functions as an “online tool” under the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) as adopted in the user’s state (in New York, EPTL Article 13-A). A direction you give through that tool controls over conflicting provisions in a will, trust, or terms-of-service agreement. In the absence of a valid online-tool direction, we will release or delete a deceased user’s Content upon receipt of appropriate documentation, which may include a certified death certificate and proof of authority such as a designated-beneficiary form, letters testamentary, or a court order. We may require documentation sufficient to satisfy our obligations under applicable law before disclosing or transferring any Content, and we will treat Content containing the contents of electronic communications with the heightened protections RUFADAA requires. A deceased user’s Content is retained under the standard 30-day deletion process after notification unless a legacy contact or fiduciary acts within that window.
Termination by You; Effect of Termination
You may stop using the Service and close your account at any time through in-app controls. On account closure we process deletion as described in the Privacy Policy (Section 11). Sections that by their nature should survive termination (including Sections 6, 8, 10, 11, 12, 13, 16, and 17) will survive.
Dispute Resolution; Binding Arbitration; Class-Action Waiver
Please read this Section carefully. It affects your legal rights.
Informal resolution first. Before initiating arbitration, you agree to contact us at support@taprootlibrary.com and attempt to resolve the dispute informally for at least 30 days.
Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Class-action waiver. You and Acatium agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
Jury-trial waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND ACATIUM EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Carve-outs. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief in court to protect intellectual-property or confidential-information rights. These actions are not subject to the arbitration requirement.
Opt-out. You may opt out of this arbitration agreement by sending written notice to support@taprootlibrary.com within 30 days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect any other part of these Terms.
Governing Law and Venue
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, the exclusive venue will be the state and federal courts located in Westchester County, New York, and you consent to personal jurisdiction there.
Changes to the Service and to These Terms
We may modify the Service or these Terms. For material changes to these Terms, we will provide notice (for example, by email or in-app) and, where required, obtain your consent. Changes are effective when posted with a new “Last Updated” date unless stated otherwise. Your continued use after changes take effect constitutes acceptance, except where applicable law requires affirmative consent.
Miscellaneous
These Terms, together with the policies incorporated by reference, are the entire agreement between you and Acatium regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us should be sent to Acatium, Inc., P.O. Box 94, Purchase, NY 10577, and to support@taprootlibrary.com.