Terms of Service
These Terms govern your use of Our Home Folder, a product of JBran LLC.
These Terms of Service (the “Terms”) are a legally binding agreement between you and JBran LLC, doing business as Our Home Folder (“JBran,” “Our Home Folder,” “we,” “us,” or “our”).
These Terms govern your access to and use of the Our Home Folder website located at ourhomefolder.com, our mobile applications, and all related products, features, content, communications, and services that we make available (collectively, the “Service”).
By creating an account, purchasing a plan, accessing, or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.
Our Privacy Policy is incorporated into and forms part of these Terms. Please read it carefully to understand how we collect, use, disclose, retain, and protect information.
1. The Service
Our Home Folder is a private home-knowledge, documentation, and organization application. The Service is designed to help users create, organize, maintain, and share records relating to homes, properties, units, rooms, utilities, appliances, tools, equipment, documents, receipts, warranties, repairs, maintenance, smart-home devices, automations, and related information.
The Service may allow you to create handover records, emergency-reference materials, maintenance reminders, reports, exports, and other organizational materials based on information that you provide.
The Service is a recordkeeping and organizational tool. It is not an insurance policy, appraisal, inspection, warranty, emergency-response system, home-monitoring service, professional certification, or verification service.
The free version of the Service may display advertising. The Service may also provide maintenance, parts, warranty, or service suggestions based on information you enter, subject to Section 9.
We may modify, improve, suspend, or discontinue features of the Service from time to time. If a modification materially reduces paid functionality or materially affects your use of the Service, we will provide notice as required by applicable law and as otherwise stated in these Terms.
2. Eligibility and Accounts
A. Eligibility
You must be at least 18 years old and capable of forming a binding contract to create an account or use the Service.
By using the Service, you represent and warrant that you meet these requirements and that your use of the Service complies with all applicable laws, rules, and regulations.
B. Account Registration
You may need to create an account to use certain features of the Service. You agree to provide accurate, current, and complete information and to keep that information accurate and current.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must promptly notify us at support@ourhomefolder.com if you suspect unauthorized access to or use of your account.
We are not responsible for losses arising from your failure to protect your login credentials, except to the extent caused by our violation of applicable law or failure to use reasonable safeguards required by law.
C. Demo Mode
The Service may allow you to use certain features in a signed-out demonstration mode (“Demo Mode”). Information entered in Demo Mode is stored locally in your browser or device and is not transmitted to our systems unless you expressly take action to submit, save, upload, synchronize, or otherwise transfer the information to the Service.
You are responsible for preserving Demo Mode information. Clearing your browser data, changing browsers or devices, using private browsing, or resetting a device may delete Demo Mode information permanently.
D. Account Security and Suspension
We may suspend, restrict, or terminate your account or access to the Service if we reasonably believe that:
- Your account has been compromised.
- You have violated these Terms or applicable law.
- Your use creates a security, legal, operational, or reputational risk to JBran, the Service, or others.
- We are required to do so by law or valid legal process.
Where reasonably practicable, we will provide notice of a suspension or termination and an opportunity to resolve the issue. We may act without prior notice when necessary to protect the Service, users, or third parties, or to comply with law.
3. Your Content and Ownership
A. Your Content
“Your Content” means information, data, photographs, documents, files, notes, descriptions, records, materials, and other content that you submit, upload, create, store, transmit, or otherwise make available through the Service.
As between you and JBran, you retain any ownership rights you have in Your Content.
B. Limited License to JBran
You grant JBran a limited, non-exclusive, worldwide, royalty-free license — sublicensable solely to our service providers as necessary to operate the Service — to host, store, reproduce, process, transmit, display, format, back up, and otherwise use Your Content only as reasonably necessary to:
- Provide, operate, maintain, secure, support, and improve the Service.
- Make Your Content available to you and to recipients or collaborators you authorize.
- Create reports, handovers, exports, reminders, and other Service features you request or enable.
- Generate suggestions described in Section 9.
- Comply with law, enforce these Terms, and protect the rights, safety, and security of JBran, our users, and others.
This license ends when Your Content is deleted from our active systems, except to the extent that we retain it as permitted or required under our Privacy Policy, including in limited backup systems, for legal compliance, dispute resolution, security, fraud prevention, or enforcement of these Terms.
C. No Advertising Use of Your Content
We will not use Your Content to select, target, personalize, or optimize advertising. We will not sell or rent Your Content. We will not disclose Your Content to advertisers.
Our use of Your Content is subject to these Terms and our Privacy Policy. Nothing in these Terms grants us ownership of Your Content.
D. Your Responsibilities
You represent and warrant that:
- You own or have all necessary rights, permissions, consents, and authority to submit and use Your Content through the Service.
- Your Content and your use of the Service do not violate applicable law, infringe another person’s rights, breach a contract, or violate another person’s privacy, confidentiality, or publicity rights.
- Your Content is accurate to the best of your knowledge when you use it for decisions, sharing, handovers, safety information, insurance documentation, or other important purposes.
You are responsible for reviewing and maintaining Your Content. The Service does not independently verify the accuracy, completeness, safety, suitability, or currency of Your Content.
4. Sensitive and Restricted Information
The Service is intended to store references to sensitive credentials — not the credentials themselves. For example, you may record the name of a password-manager entry or the general location of a document, but you should not store the secret itself in plain text.
You agree not to submit, upload, or store through the Service:
- Passwords, password-manager master passwords, or account credentials.
- Wi-Fi passwords.
- Alarm, lock, garage, gate, door, or security-system codes.
- PINs, account-recovery codes, private keys, API keys, access tokens, or similar secrets.
- Full payment-card numbers, full bank-account numbers, Social Security numbers, tax-identification numbers, passport numbers, driver’s-license numbers, or comparable government-issued identification information.
- Information that you do not have the legal right to collect, store, disclose, or share.
- Malware, ransomware, spyware, viruses, or other harmful code or materials.
You are solely responsible for sensitive information that you nevertheless choose to enter into the Service. Automated screening, if available for certain reports or file names, may not identify every sensitive item and is not a substitute for your own review.
5. Acceptable Use
You may use the Service only for lawful purposes and in accordance with these Terms.
You agree not to, and not to permit any other person to:
- Use the Service in violation of applicable law or another person’s legal rights.
- Upload, transmit, store, or distribute content that is unlawful, infringing, deceptive, defamatory, harassing, threatening, or otherwise harmful.
- Store or disclose another person’s confidential, personal, or sensitive information without authorization.
- Attempt to gain unauthorized access to the Service, other accounts, systems, networks, databases, or files.
- Probe, scan, test, circumvent, disable, interfere with, or disrupt the security, integrity, availability, or operation of the Service or its infrastructure.
- Upload malware or attempt to introduce malicious code or harmful materials.
- Use the Service to develop, train, or improve a competing product or service through systematic extraction, scraping, data mining, or automated collection, except where expressly permitted in writing by JBran.
- Reverse engineer, decompile, disassemble, modify, or create derivative works of the Service, except to the extent such restriction is prohibited by applicable law.
- Rent, lease, sell, sublicense, resell, distribute, or commercially exploit the Service except as expressly authorized by JBran in writing.
- Remove, obscure, or alter any proprietary notice, trademark, or other rights notice in the Service.
- Misrepresent your affiliation with JBran, Our Home Folder, or any other person or organization.
We may investigate suspected violations of this Section and may suspend or terminate access as described in these Terms.
6. Sharing, Exports, and Recipients
The Service may allow you to share Home Record Content, property information, reports, handovers, exports, documents, or other materials with others, including family members, house sitters, contractors, technicians, insurers, property managers, prospective purchasers, tenants, clients, or other recipients.
You control whether to use sharing and export features. You are responsible for:
- Determining whether you have authority to share the information.
- Selecting the recipient.
- Reviewing materials before they are shared or downloaded.
- Ensuring that the shared content is accurate, appropriate, and does not contain sensitive information you do not intend to disclose.
- Understanding that a recipient may retain, copy, forward, edit, or otherwise use information after you provide access or send a report or export.
Once you download, export, print, email, or share information outside the Service, JBran cannot control how the recipient uses, stores, protects, or further discloses that information.
Where the Service allows a recipient to claim or take ownership of a transferred record, the recipient’s use of the record will be subject to these Terms and the Privacy Policy.
7. Plans, Fees, Billing, and Cancellation
A. Free and Paid Plans
The home in which you live is available without charge, subject to applicable plan limits, account rules, and the features available at the time of use. The free home is your active primary residence: one per account. If you move, you may designate your new home as your residence; your former home’s record remains readable and exportable, and keeping more than one active home may require a paid plan. Optional paid plans, additional homes, and Portfolio plan features may be available for purchase through our website.
Current plan details, pricing, included features, and usage limits are available at ourhomefolder.com/pricing. Prices and features may change as provided in these Terms.
B. Payment Processing
Payments are processed through Stripe or another payment processor we designate. By purchasing a paid plan, you authorize JBran and our payment processor to charge your selected payment method for the applicable fees, taxes, and other disclosed charges.
You agree to provide current, complete, and accurate payment information and to promptly update it if it changes.
C. Automatic Renewal
Unless stated otherwise at the time of purchase, paid plans are recurring monthly subscriptions that automatically renew at the end of each monthly billing period unless you cancel before the renewal date.
Before you submit payment information or complete a purchase, we will present the material terms of the subscription, including:
- The amount and frequency of recurring charges.
- The subscription term.
- That the subscription renews automatically unless cancelled.
- The applicable cancellation method.
- Any other information required by applicable law.
By completing a purchase, you provide express affirmative consent to the automatic-renewal feature and authorize recurring charges to your payment method until you cancel.
We will provide an acknowledgment of your purchase and the automatic-renewal terms in a form you can retain, such as by email, through your account, or through the payment processor’s billing confirmation.
D. Cancellation
You may cancel a paid subscription at any time through Account Settings, which will provide access to the applicable billing-management or cancellation process. If you purchased your subscription online, we will provide a reasonably easy-to-find online mechanism to cancel.
Cancellation takes effect at the end of your then-current billing period unless otherwise required by law. You will retain access to paid features through the end of the paid billing period, and we will not charge you for a subsequent renewal after cancellation has taken effect.
Cancellation of a paid subscription does not by itself delete your account or Your Content. You may access, export, or delete Your Content in accordance with the Service’s available features and our Privacy Policy.
E. Refunds
Except as required by applicable law or expressly stated at the time of purchase, fees already paid are non-refundable. We do not provide prorated refunds or credits for partial billing periods.
We may issue a refund, credit, or other accommodation in our discretion. A discretionary accommodation does not create an obligation to provide the same accommodation in the future.
F. Price and Plan Changes
We may change fees, plan features, usage limits, or billing terms from time to time. If a change materially increases the recurring fee for your paid plan, we will provide at least 30 days’ advance notice by email, through the Service, or another legally permitted method before the change takes effect.
Unless otherwise required by law, a price change will apply no earlier than your next billing period after the effective date stated in the notice. If you do not agree to the change, you may cancel before it takes effect.
G. Failed Payments
If a payment fails, we may attempt to charge your payment method again, request updated payment information, limit or suspend paid features, or downgrade your plan as permitted by applicable law.
We will not intentionally delete Your Content solely because a renewal payment fails. Your ability to retain, access, or export content may be subject to the features and storage limits of the applicable free plan, if any.
H. Taxes
Fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments unless otherwise stated. You are responsible for applicable taxes associated with your purchase, except taxes based on JBran’s net income.
I. Advertising and Paid Plans
The free version of the Service may include advertising. Paid plans do not include advertising unless expressly disclosed at the time of purchase.
8. Professional Channel and Business Use
A. Business Use Generally
If you use the Service for a business or commercial purpose — for example, as a landlord, property manager, inspector, real-estate professional, contractor, consultant, agent, or similar professional — you may enter Personal Information or other information relating to people other than yourself.
To the extent you use the Service to process Personal Information on behalf of a client, tenant, homeowner, property owner, employee, customer, or other individual, you are responsible for:
- Having a lawful basis and any necessary notices, permissions, consents, or authorizations to collect, use, store, and share that information.
- Complying with applicable privacy, consumer-protection, landlord-tenant, real-estate, licensing, and professional obligations.
- Responding to requests and inquiries from the individuals whose information you process, except to the extent we are legally required to assist or respond.
- Ensuring that your instructions to JBran are lawful.
As between you and JBran, you are the controller or business with respect to Personal Information you submit on behalf of others, and JBran acts as a processor or service provider solely to provide the Service, subject to these Terms, our Privacy Policy, and any applicable data-processing agreement.
If your organization requires a separate data-processing agreement, contact us at support@ourhomefolder.com.
B. Professional Channel
This Section applies if you register a partner profile or otherwise use the Service to create, prepare, transfer, hand over, or deliver a home record to a client, homeowner, purchaser, tenant, property owner, or other recipient (the “Professional Channel”).
A “Professional” includes an inspector, agent, property manager, contractor, consultant, or similarly situated person or business using the Professional Channel.
C. Independent Status
Your Professional Channel profile does not make you an agent, employee, franchisee, representative, joint venturer, reseller, or partner of JBran. JBran does not act as your agent, employee, representative, or partner.
You may not make commitments, representations, warranties, guarantees, or promises on behalf of JBran or Our Home Folder. You may not state or imply that JBran endorses, certifies, verifies, inspects, approves, recommends, employs, or vouches for you or your business.
A business name, profile, or contact information shown in a record or handover is provided for convenience and does not constitute JBran’s endorsement, certification, verification, or assessment of the Professional or the work performed.
D. Property Documentation and Authority
A Professional may create or document a property record for the purpose of providing a handover or related service to a client or recipient. The Professional is solely responsible for having all required authority, permission, notice, and lawful basis to enter, photograph, record, process, and transfer information about a property, occupant, owner, tenant, client, or other person.
Until a recipient claims a transferred record, the Professional is the controller or business for Personal Information contained in the record, and JBran acts as the Professional’s processor or service provider.
When a recipient claims a record and becomes the account holder or owner of that record through the Service, the recipient becomes responsible for the record as the applicable controller or business. The Professional’s post-transfer access, if any, is governed by the sharing permissions selected and may be removed by the recipient.
E. Recipient Access and Record Ownership
A record transferred through the Professional Channel is intended to become the recipient’s record once claimed through the Service.
A recipient will not be charged a separate fee by JBran merely to retain, access, use, or export a record validly transferred to that recipient, subject to these Terms and the Service’s then-current technical and security requirements.
This commitment does not require JBran to provide unrelated premium features, additional storage, additional properties, or paid plan features without charge.
F. Continuing Access
A Professional may issue a transfer while retaining a role or level of access to the record after the recipient claims it, where the Service makes that option available.
The recipient will be informed of the Professional’s continuing access before or at the time the recipient claims the record. The recipient may remove the Professional’s access at any time through the Sharing feature or other controls made available in the Service.
A Professional must not represent any continuing access as permanent, irrevocable, or beyond the recipient’s control.
G. Professional Details
A Professional’s business name and contact information may remain in a record the Professional prepared. The recipient may edit, remove, or replace those details at any time.
Professional details are displayed as a convenience to the recipient and are not advertising inventory sold by JBran.
H. Accuracy and Scope of Work
A record marked as prepared by a Professional reflects the Professional’s own work, entries, and representations — not JBran’s review, inspection, verification, certification, or judgment.
Professionals are solely responsible for the accuracy, completeness, and suitability of information they enter, including information relating to shut-off locations, utilities, safety equipment, condition observations, maintenance status, and other potentially safety-critical matters.
Professionals must clearly communicate to recipients the scope of their work, what they did and did not inspect or verify, and any limitations, uncertainties, or assumptions associated with the record.
JBran does not inspect, verify, warrant, certify, or guarantee a professionally prepared record or any Professional’s qualifications, services, work product, statements, or omissions.
I. Professional Channel Fees and Early Access
Unless otherwise stated at the time of issuance, handover binders or transferred records created through the Professional Channel may be priced at $9.99 per record issued, charged one time per issued record.
Professional Channel binders are currently available without charge during early access. We may begin charging the stated or another disclosed fee after providing at least 30 days’ advance notice to affected Professionals.
Any fee that begins after early access will apply only to records issued on or after the effective date disclosed in the notice. Records issued during early access will remain free for the Professional and the recipient to retain, use, and export, subject to these Terms.
If the Service permits issuance of a transfer without payment during early access or otherwise, that issuance does not create a debt or future payment obligation unless we expressly disclose one and obtain your agreement before the charge is incurred.
J. Professional Profile Termination
You may delete your Professional Channel profile at any time, subject to the effect of deletion on any access you retained to transferred records.
Deleting a Professional Channel profile does not revoke, withdraw, or delete a record already transferred to or claimed by a recipient.
We may suspend, restrict, or remove a Professional Channel profile if we reasonably believe it has been used to misrepresent JBran, enter or disclose another person’s information without authority, violate law, create material risk, or breach these Terms.
9. Advertising and Suggestions
A. Advertising
The free version of the Service may display advertising. Paid plans do not display advertising unless expressly disclosed at the time of purchase.
Advertising displayed through the Service is not selected using Your Content or Home Record Content. Advertisers do not receive Your Content, your uploaded files, your email address, or information that directly identifies you or enables them to recognize you across unrelated websites or services.
Our advertising and information-handling practices are further described in our Privacy Policy.
B. Suggestions
The Service may provide suggestions relating to maintenance, parts, warranties, service needs, or third-party providers based on information you enter into the Service.
Suggestions are generated from Your Content and available Service information. They may be incomplete, inaccurate, unavailable, out of date, unsuitable for your particular property, or inapplicable to your circumstances.
You may disable suggestions in Account Settings.
C. Compensation Disclosure
If JBran receives a commission, referral fee, affiliate payment, or other compensation in connection with a particular suggestion, offer, product, service, or provider, we will identify that relationship in or near the applicable suggestion to the extent required by law and consistent with our disclosure practices.
Compensation does not change the data in Your Content or the fact that a maintenance item, warranty date, or other record exists. However, no suggestion should be treated as impartial professional advice, a guarantee, or a determination that a particular provider, product, part, repair, or service is best for your home.
D. Third-Party Dealings
JBran does not endorse, inspect, license, certify, control, or warrant any third-party product, service, provider, contractor, insurer, seller, marketplace, or professional.
Any transaction, contract, communication, appointment, purchase, repair, installation, warranty claim, or other dealing between you and a third party is solely between you and that third party. You should independently evaluate the third party and obtain appropriate professional advice before making a decision.
10. Third-Party Services
The Service may rely on or integrate with third-party service providers for hosting, data storage, authentication, payment processing, email delivery, diagnostics, security, push notifications, and optional artificial-intelligence features.
Our current disclosure of material service providers is available in our Privacy Policy. Third-party services are subject to their own terms, privacy policies, availability, and practices.
To the maximum extent permitted by law, JBran is not responsible for third-party services, products, content, actions, omissions, availability, or security practices that are outside of our reasonable control.
Nothing in this Section limits JBran’s obligations under applicable law or our obligations to use reasonable care in selecting and managing service providers where applicable.
11. Intellectual Property
The Service, including its software, interfaces, designs, text, graphics, logos, trademarks, trade names, features, documentation, and other content made available by JBran, is owned by or licensed to JBran and is protected by applicable intellectual-property and other laws.
Subject to your compliance with these Terms, JBran grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, household, or authorized internal business purposes.
Except for the limited license expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.
“JBran,” “Our Home Folder,” and associated names, logos, and marks are trademarks or trade names of JBran or its licensors. You may not use them without prior written permission, except as necessary to identify the Service accurately.
12. Not Professional, Safety, or Emergency Advice
The Service provides organizational tools and general informational features. It is not a substitute for professional legal, financial, tax, insurance, electrical, plumbing, HVAC, structural, engineering, safety, construction, inspection, environmental, medical, emergency-response, or other professional advice or services.
The Service is not an emergency service. In an emergency, call 911 or your applicable local emergency number.
You must independently verify safety-critical information, including shut-off locations, utility controls, equipment conditions, electrical systems, gas systems, water systems, fire-safety equipment, emergency contacts, and other information that could affect the safety of people or property.
Any suggestions provided through the Service are generated from the information available to the Service, including information you entered. A suggestion may be wrong, incomplete, outdated, or unsuitable for your home or circumstances.
Work requiring a qualified professional should be performed, inspected, or approved by an appropriately qualified and licensed professional. You assume responsibility for decisions and actions you take based on the Service.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
JBRAN DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, SECURITY, OR FREEDOM FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, JBRAN DOES NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR AVAILABLE AT ALL TIMES.
- THE SERVICE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR SUITABLE FOR YOUR NEEDS.
- DATA WILL NEVER BE LOST, ALTERED, CORRUPTED, OR ACCESSIBLE TO UNAUTHORIZED PARTIES.
- ANY SUGGESTION, REPORT, HANDOVER, EXPORT, OR OTHER OUTPUT WILL BE COMPLETE, ACCURATE, SAFE, OR SUITABLE FOR A PARTICULAR PURPOSE.
- ANY THIRD-PARTY PRODUCT, SERVICE, PROVIDER, OR PROFESSIONAL WILL MEET YOUR EXPECTATIONS.
You are responsible for keeping your own copies or backups of important information. The Service’s export tools are provided to support your ability to retain Your Content, but you remain responsible for determining what records are important to preserve and for maintaining independent copies when appropriate.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions in this Section apply only to the maximum extent permitted by law.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JBRAN LLC AND ITS MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “JBRAN PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THIS LIMITATION APPLIES TO ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, YOUR CONTENT, A SUGGESTION, A PROFESSIONAL CHANNEL RECORD, A THIRD-PARTY PRODUCT OR SERVICE, OR YOUR ACCESS TO OR INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, PROPERTY DAMAGE, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF A JBRAN PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE JBRAN PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID TO JBRAN FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED U.S. DOLLARS (US $100).
THE LIMITATIONS IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND JBRAN. THEY APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability arising from willful misconduct where applicable law prohibits its limitation.
15. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the JBran Parties from and against any claims, actions, demands, liabilities, damages, losses, judgments, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- Your Content.
- Your use or misuse of the Service.
- Your breach of these Terms.
- Your violation of applicable law or another person’s rights.
- Your sharing, transfer, export, or disclosure of information through or from the Service.
- Your use of the Professional Channel.
- Any claim that Your Content infringes, misappropriates, violates, or otherwise harms another person’s rights.
JBran may assume control of the defense of any matter subject to indemnification by you, and you agree to cooperate with our defense. You may not settle a claim that imposes liability, obligation, or admission on a JBran Party without JBran’s prior written consent.
16. Termination and Service Discontinuation
A. Your Right to Terminate
You may stop using the Service and delete your account at any time through the Service’s available account settings or by contacting us at support@ourhomefolder.com.
Cancellation of a paid subscription and deletion of your account are separate actions. Canceling a subscription prevents future recurring charges but does not automatically delete your account or Your Content.
B. Our Right to Terminate
We may suspend or terminate your access to the Service as described in these Terms. We may also discontinue all or part of the Service for business, operational, legal, security, or other reasons.
If your account is suspended or terminated because of a violation of these Terms, we may limit your access to Your Content to the extent reasonably necessary to protect the Service, comply with law, address security risks, prevent harm, or enforce our rights.
C. Effect of Deletion or Termination
Upon account deletion or termination, we will handle Your Content in accordance with our Privacy Policy, including applicable retention practices for backups, legal obligations, security, dispute resolution, and enforcement.
D. Service Discontinuation Commitment
If JBran decides to permanently discontinue the Service generally, we intend to provide at least 90 days’ advance notice when commercially and legally practicable.
During that notice period, we intend to make reasonable efforts to keep full account export functionality, including available records and uploaded files, accessible to active account holders.
This commitment is subject to circumstances beyond our reasonable control, including legal requirements, security threats, insolvency or bankruptcy proceedings, third-party service-provider failures, force majeure events, or circumstances where continued operation would create material harm or risk. Nothing in this Section limits any rights that cannot be waived under applicable law.
This Section incorporates the relevant service-discontinuation commitments in our Data Promise into these Terms only to the extent they are consistent with this Section.
17. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the “Last Updated” date at the top of these Terms.
If we make a material change to these Terms, we will provide at least 30 days’ advance notice by email, through the Service, or another reasonable method, unless a shorter notice period is necessary to comply with law, address an emergency, protect the security of the Service, or prevent harm.
Updated Terms will apply from the effective date stated in the notice. By continuing to access or use the Service after the effective date, you agree to the updated Terms.
If you do not agree to the updated Terms, you must stop using the Service and, if applicable, cancel your paid subscription before the effective date. You may export or delete Your Content in accordance with the Service’s available features and the Privacy Policy.
18. Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or the Service are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles.
Except where applicable law requires otherwise, any legal action or proceeding arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Denver County, Colorado. You and JBran consent to the personal jurisdiction and venue of those courts.
Nothing in these Terms prevents either party from seeking temporary, preliminary, or permanent equitable relief in a court of competent jurisdiction to protect intellectual-property rights, confidential information, security, or prevent unauthorized use of the Service.
Nothing in these Terms limits rights that cannot be waived under applicable consumer-protection or privacy law.
19. General Terms
A. Entire Agreement
These Terms, the Privacy Policy, any applicable Data Processing Agreement, and any purchase terms or plan details presented to you at the time of purchase constitute the entire agreement between you and JBran regarding the Service, except for any separate written agreement signed by an authorized representative of JBran.
B. Order of Precedence
If there is a conflict between these Terms and the Privacy Policy, the Privacy Policy controls with respect to the collection, use, disclosure, and processing of Personal Information. If there is a conflict between these Terms and a separately executed written agreement with JBran, the separately executed written agreement controls to the extent of the conflict.
C. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
D. No Waiver
JBran’s failure to enforce any provision of these Terms is not a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of JBran.
E. Assignment
You may not assign or transfer these Terms or your rights or obligations under them without JBran’s prior written consent. JBran may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, sale of assets, financing, or operation of law.
F. Force Majeure
JBran will not be liable for any delay, failure, or interruption of the Service resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, third-party service-provider failures, government action, epidemics, power failures, or cyberattacks.
G. Notices
We may provide notices to you by email to the address associated with your account, through the Service, by posting on our website, or by another legally permitted method.
You may send notices to JBran at:
JBran LLC d/b/a Our Home Folder
6110 E Colfax Ave
Unit 4, Box 145
Denver, CO 80230
Email: support@ourhomefolder.com
See also our Privacy Policy and Data Promise.