Terms of Service

Effective Date: September 21, 2026

1 · Welcome to FamScapes and agreement to these Terms

Hello and welcome to FamScapes. These Terms of Service ("Terms") govern your access to and use of the FamScapes website, applications, Winston, family and trip workspaces, collaboration and sharing features, subscriptions, and related services that FamScapes, LLC makes available (collectively, the "Service").

These Terms are a binding agreement between you and FamScapes, LLC ("FamScapes," "we," "us," or "our"). By creating an account, accepting these Terms, purchasing a subscription, or otherwise using the Service, you agree to these Terms. If you do not agree, do not create an account or use the Service.

FamScapes is designed to help families research, organize, and plan travel. During FamScapes' Initial Release (Release 1.0) described in these Terms, FamScapes does not itself accept passenger funds, issue travel tickets, make or confirm travel reservations, or fulfill travel services. If we introduce a feature that materially changes that role, we may present additional or replacement terms before you use that feature.

2 · Important notices

ARBITRATION AND CLASS-ACTION NOTICE. Section 26 contains a binding individual arbitration agreement and class-action waiver. It affects how disputes may be resolved, subject to any rights that cannot be waived by law. Please read that section carefully.

Some FamScapes features involve separate notices, policies, consents, or supplemental terms. Section 4 explains how those documents relate to these Terms.

Nothing in these Terms limits rights or remedies that cannot lawfully be waived or limited under applicable consumer-protection, privacy, accessibility, or other law.

3 · Definitions

Account Holder. the adult who creates and controls a FamScapes account and accepts these Terms.

Planner. an eligible adult user authorized within a family or trip workspace to help plan a trip. Planner permissions may vary by trip and may require an acknowledgement or invitation flow.

Traveler. a person included in a family profile, trip, or itinerary, whether or not that person has a FamScapes account.

Winston. FamScapes' AI travel planner, an AI-assisted tool within the Service.

User Content. information, text, notes, preferences, comments, images, files, confirmations, or other material you submit, upload, import, or create through the Service.

Third-Party Travel Provider. an airline, hotel or lodging provider, tour or activity provider, cruise provider, rail or ground-transportation provider, online travel service, insurer, or other independent third party that offers travel-related products or services.

Affiliate Link. a link, referral path, code, or similar mechanism through which FamScapes may receive compensation if a user clicks, registers, purchases, or completes another qualifying action with a third party.

Subscription. a paid FamScapes membership plan that provides access to specified FamScapes features. A Subscription is not payment for third-party travel.

Public Share. a link or bearer view that lets a person view selected trip information without becoming a member of the family or trip workspace.

4 · Related policies and additional terms

FamScapes maintains separate legal pages for subjects that are better explained outside these Terms. You should review the policies that apply to your use of the Service.

If a supplemental term expressly states that it governs a particular feature or subject matter, that supplemental term controls for that subject matter to the extent of a direct conflict with these Terms, subject to applicable law. Privacy and accessibility notices remain subject to the laws that govern them and are not converted into broader contractual warranties merely because they are referenced here.

5 · Eligibility, accounts, and Planner roles

You must be at least 18 years old and legally capable of entering into a binding agreement to create an Account and accept these Terms, unless FamScapes expressly enables a supervised minor feature under separate controls approved for that feature. Minors may be included as Travelers in family and trip plans even when they do not hold their own accounts.

You agree to provide accurate account information, keep it reasonably current, protect your login credentials, and promptly notify us if you suspect unauthorized access. You may not sell, transfer, or share your account credentials with another person. You are responsible for activity carried out through your account except to the extent caused by FamScapes or circumstances for which applicable law provides otherwise.

An Account Holder or Lead Planner may be permitted to invite eligible adult family members to act as Planners for a family or trip. Planner access is permission-based, may vary by trip, and may be changed or revoked. FamScapes may require an acknowledgement or other eligibility step before a person receives Planner permissions.

6 · What FamScapes is - and the Initial Release (Release 1.0) planning model

FamScapes provides travel-planning, organization, collaboration, and referral tools. Winston can help assemble ideas, compare possibilities, organize trip details, and create itineraries using information available to the Service and information provided by you and other authorized users.

During the Initial Release (Release 1.0) covered by these Terms, FamScapes does not itself accept money intended for airlines, lodging providers, tour operators, cruise lines, transportation providers, or other travel suppliers; does not issue tickets or vouchers for travel; and does not make or confirm travel reservations on your behalf. When you decide to purchase or reserve a travel service, the transaction is completed with the applicable Third-Party Travel Provider under that provider's terms, conditions, payment rules, cancellation policies, and privacy practices.

FamScapes may provide links, referrals, or handoffs to Third-Party Travel Providers and may receive affiliate or referral compensation as described in Section 11. A referral or compensated link does not change which party provides or fulfills the underlying travel service.

Future booking, Concierge, host-agency, embedded-booking, or autonomous transaction features may involve different legal and operational responsibilities. If introduced, those features may require additional terms, disclosures, registrations, or consents before use.

7 · Planning for other people

Family travel often involves one person entering information for other Travelers. If you provide information about another person, you represent that you are permitted to provide that information for the applicable planning purpose and that the information is reasonably accurate to the best of your knowledge.

Authority to create an ordinary Traveler profile is not necessarily the same as authority to provide or authorize processing of sensitive information. Certain health, disability, dietary, mobility, assistance-animal, precise-location, or similar information may require the person it concerns - or a legally authorized parent, guardian, or representative - to provide consent or authorization before FamScapes can process or share it. A family relationship alone does not necessarily establish legal authority for sensitive-data processing.

FamScapes may therefore restrict or lock sensitive fields until required authorization is recorded. Ordinary travel logistics may remain available separately. Details about personal information are provided in the Privacy Notice and, where applicable, the Consumer Health Data Privacy Policy.

Do not submit sensitive information about another person unless you are authorized to do so. If a Traveler asks you to stop providing information about them, you should respect that request and notify FamScapes when appropriate so available account and privacy processes can be used.

8 · Family collaboration, sharing, and Public Shares

FamScapes may let users collaborate within a family or trip workspace. Information visible to another user depends on that user's role, the trip settings, the category of information, and any consent or privacy controls that apply. You are responsible for choosing whom you invite and for reviewing access permissions when circumstances change.

A Public Share is intended to show selected trip information to anyone who has the link. Anyone who receives a Public Share link may be able to forward it to someone else. FamScapes may apply controls designed to exclude sensitive categories and sensitive inferences from public views, but you should review the public view before sharing and should not intentionally place sensitive personal information in free-text content intended for public distribution.

Once information has been copied, downloaded, photographed, forwarded, or otherwise retained by a recipient outside FamScapes, we may not be able to control or delete that recipient's copy. You are responsible for using collaboration and sharing features in a manner consistent with the rights and expectations of the people whose information is involved.

9 · Winston and AI-assisted features

9.1 What Winston does

Winston can organize information, generate itineraries, summarize options, surface tradeoffs, suggest activities, and help adapt a plan to the preferences and needs entered into FamScapes. Winston may use third-party data sources, FamScapes data and logic, and one or more AI technology providers as described in the Privacy Notice and other applicable policies.

9.2 AI limitations and verification

AI-generated information can be incomplete, inaccurate, outdated, inconsistent, or unavailable. Winston can misunderstand a request or infer something that was not intended. Prices, schedules, opening hours, entry requirements, accessibility details, provider policies, weather, events, and availability can change after an itinerary is generated.

You are responsible for reviewing and verifying information that matters to your trip before relying on it or making a purchase. For material matters, verify directly with the relevant Third-Party Travel Provider, government authority, venue, or other authoritative source.

9.3 No professional or emergency advice

Winston does not provide legal, medical, financial, immigration, safety, insurance, or other regulated professional advice. It is not an emergency service. Do not rely on Winston for urgent medical, safety, security, or emergency instructions. If you need professional advice or emergency assistance, contact an appropriately qualified professional or emergency authority.

9.4 Accessibility, health, and assistance-animal information

Winston may help organize accessibility, dietary, mobility, health-related, pet, or assistance-animal considerations when those features are enabled. Such information is provided for planning assistance only. Winston does not determine legal disability status, whether an animal qualifies for a particular legal classification, whether a specific lodging is governed by a particular accessibility law, or whether a provider must grant a requested accommodation. Confirm material requirements and accommodations directly with the relevant provider.

9.5 Similar or non-unique outputs

AI systems can generate similar or identical concepts for different users. FamScapes does not promise that an itinerary, phrase, suggestion, or other AI-generated output will be unique to you or eligible for intellectual-property protection.

10 · Third-Party Travel Providers and linked services

FamScapes may identify, display, recommend, compare, or link to Third-Party Travel Providers. These providers are independent from FamScapes unless we expressly state otherwise. They control their own travel products and services, inventory, pricing, taxes, fees, policies, safety practices, accessibility practices, customer service, changes, cancellations, refunds, and fulfillment.

A link from FamScapes to a third-party website or app does not make FamScapes the operator of that service or responsible for its content, security, availability, or practices. Third-party sites may use terms, privacy practices, cookies, and security measures different from ours. Review the provider's terms before you transact or provide information to it.

If a Third-Party Travel Provider cancels, delays, changes, overbooks, denies, or fails to provide a travel service, your rights and remedies relating to that travel purchase generally arise under your agreement with that provider and applicable law. FamScapes may help you organize information about the disruption, but the Service as offered in the Initial Release does not make FamScapes the supplier, merchant of record, or guarantor of the provider's performance.

11 · Affiliate, referral, and other commercial relationships

FamScapes may participate in affiliate, referral, marketing, or similar commercial relationships with some Third-Party Travel Providers or partner networks. If you follow certain links, register, make a purchase, or complete another qualifying action, FamScapes may receive a commission, referral fee, revenue share, or other compensation. Not every provider, link, or recommendation is compensated.

Compensation arrangements may differ by provider and may be one factor that affects whether an option is available to FamScapes, included in a partner catalog, or presented in a particular context. Where required by law or appropriate for transparency, FamScapes will provide a clear disclosure at or near the relevant compensated link or recommendation. Commercial compensation does not create a warranty or guarantee regarding the provider, price, suitability, quality, or performance of the underlying travel service.

You should evaluate a recommendation based on your own needs and verify the provider's current terms and price before purchasing. FamScapes does not promise that a recommendation represents every travel option available in the market or the lowest available price.

12 · Travel information, prices, rankings, and availability

Travel information shown or generated through FamScapes may come from users, public information, partner feeds, websites, APIs, maps, data providers, or AI-generated synthesis. We may not independently verify every detail. Provider descriptions, ratings, reviews, photographs, amenities, schedules, distances, estimated travel times, availability, taxes, and fees can be incomplete or change without notice.

Any price displayed by FamScapes is informational unless expressly stated otherwise. The price, currency, taxes, resort or facility fees, baggage fees, seat fees, mandatory charges, cancellation terms, and other conditions shown by the Third-Party Travel Provider at the time of purchase control your transaction with that provider.

Search results and recommendations may be influenced by factors such as your family preferences, trip constraints, relevance, availability, quality signals, technical integration, provider data, and commercial relationships. FamScapes does not guarantee comprehensive market coverage, a particular ranking methodology, or that the first result is the best choice for every traveler.

13 · Travel documents, safety, international travel, and Traveler responsibilities

You are responsible for confirming that each Traveler has the documents and eligibility required for the trip, including passports, visas, transit permissions, entry or exit documents, parental permissions, identification, health documentation, and any other requirements imposed by governments or providers. Requirements can change quickly and may differ based on nationality, residence, age, itinerary, or destination.

You are also responsible for reviewing current government travel advisories, destination conditions, local laws, transportation rules, provider age or participation restrictions, and health or safety information relevant to your party. An itinerary or recommendation appearing in FamScapes is not a representation that a destination, route, property, event, or activity is safe, lawful, accessible, or appropriate for every Traveler.

Helpful official resources. For convenience, the Resources page provides links to government and other authoritative resources addressing passports and visas, health and safety, airports and flying, family and accessibility, road and weather conditions, pets, parks and outdoors, and protection and emergency topics. These resources are intended to help you locate reliable information; they do not replace your responsibility to verify the requirements and conditions that apply to your particular trip.

External-link notice. FamScapes provides these external links as a convenience. Third-party websites are operated independently and may change without notice. Inclusion does not constitute an endorsement of the information, products, or services provided. For official requirements, always verify current information directly with the responsible government agency.

You should consider whether travel insurance or other protection is appropriate for your circumstances. Any insurance product, protection plan, or third-party coverage is governed by the provider's terms and is not guaranteed by FamScapes. If FamScapes later receives compensation for an insurance-related referral, the applicable disclosure and legal requirements will apply.

Before booking or traveling, review names, dates, ages, traveler details, reservation conditions, transportation times, transfer windows, and other material trip information. You remain responsible for the final decision to purchase, reserve, participate in, or travel under any option.

14 · Digital accessibility, special requests, and accommodations

FamScapes is committed to improving the accessibility of its digital Service. Our Accessibility Statement describes our approach, ongoing work, and how to report an accessibility barrier or request help.

Separately, travel providers and physical venues control their own accessibility features and accommodation processes. FamScapes can help organize known needs and questions, but it cannot guarantee that a property, carrier, venue, tour, or provider will meet a particular accessibility need or legal standard. Contact the provider directly to verify critical accessibility information, dietary accommodations, mobility support, assistance-animal policies, and other special requests before purchase or travel.

15 · Subscriptions, fees, billing, renewals, cancellations, and refunds

FamScapes may offer free and paid Subscriptions. The price, billing interval, included features, taxes, trial terms (if any), and other material purchase terms will be shown at or before checkout. By purchasing a paid Subscription, you authorize FamScapes and its payment processor to charge the payment method you provide in accordance with the checkout disclosures and applicable subscription terms.

Paid Subscriptions may renew automatically until canceled. The Cancellation & Refund Policy explains renewal, cancellation timing, refund eligibility, failed-payment handling, plan changes, and related billing rules, and forms part of these Terms for those subjects.

Subscription charges are payment for access to FamScapes features. They are not deposits, passenger funds, or payment for airfare, lodging, cruises, activities, transportation, or other third-party travel services. Payments you make to a Third-Party Travel Provider are governed by that provider's terms and refund policies.

FamScapes may use a third-party payment processor and may not receive or store your full payment-card number. Payment processing is also subject to the processor's applicable terms and privacy practices.

16 · Your User Content

You retain the rights you have in User Content you submit to FamScapes. You grant FamScapes a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, format, display, and otherwise use your User Content only as reasonably necessary to provide, maintain, secure, support, and operate the Service and as otherwise described in our Privacy Notice, Consumer Health Data Privacy Policy where applicable, and any consent choices you make.

The license in these Terms does not, by itself, authorize FamScapes to use consumer health data for advertising, to sell consumer health data, or to permit an AI provider to independently train its models on that data. Those issues are governed by the applicable privacy policies, consents, contracts, and law.

You represent that you have the rights and permissions needed to provide the User Content you submit and that your submission and our permitted use of it will not violate another person's intellectual-property, privacy, publicity, confidentiality, or other rights. Do not upload unlawful content or information you are not permitted to provide.

17 · Feedback and product suggestions

If you voluntarily provide ideas, suggestions, feature requests, comments, or other feedback about FamScapes ("Feedback"), you grant us a perpetual, worldwide, royalty-free right to use, adapt, disclose, and incorporate that Feedback into our products and services without obligation to compensate you. Feedback does not include your private trip content, personal information, or consumer health data merely because those materials are stored in the Service.

18 · FamScapes intellectual property and your license to use the Service

FamScapes and its licensors own the Service, including its software, interface, design, branding, logos, documentation, system prompts, templates, databases, selection and arrangement of non-user content, and other proprietary materials, subject to third-party rights. These Terms do not transfer ownership of those materials to you.

Subject to these Terms, FamScapes grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal and family trip-planning purposes. You may use itinerary outputs generated for your account for those purposes, subject to third-party rights and any restrictions that apply to partner content.

Except as allowed by law or with our written permission, you may not copy, republish, sell, sublicense, frame, mirror, reverse engineer, extract, or create derivative commercial products from the Service or FamScapes proprietary materials. You may not remove proprietary notices or use FamScapes trademarks, logos, or branding in a way that suggests sponsorship, endorsement, or affiliation without permission.

19 · Acceptable use and prohibited conduct

You agree to use FamScapes lawfully, honestly, and only for authorized purposes. You may not, and may not help another person to:

• access or use another person's account without authorization, impersonate another person, or misrepresent your authority to act for a Traveler;
• submit unlawful, fraudulent, deceptive, defamatory, harassing, abusive, infringing, malicious, or harmful content;
• provide sensitive or personal information about another person when you are not permitted to do so;
• probe, scan, test, bypass, defeat, disable, or interfere with authentication, security, access controls, rate limits, or technical protections;
• introduce malware, harmful code, denial-of-service traffic, or other material intended to disrupt the Service;
• scrape, crawl, harvest, bulk-download, data-mine, or use automated means to extract Service content except through an interface or API we expressly authorize;
• reverse engineer, decompile, disassemble, or attempt to derive source code, models, system prompts, non-public algorithms, or underlying components except to the extent the restriction is prohibited by law;
• use FamScapes content or outputs to build, train, fine-tune, benchmark, or operate a competing commercial AI or travel-planning product without our written permission;
• resell, rent, sublicense, or commercially exploit access to the Service unless we have agreed in writing to a business-use arrangement;
• circumvent restrictions imposed by a Third-Party Travel Provider, violate partner content rights, or use the Service to commit fraud or violate law.

We may investigate suspected misuse, preserve relevant records as permitted by law, restrict technical access, or cooperate with lawful requests when reasonably necessary to protect users, FamScapes, third parties, or the integrity of the Service.

20 · Service availability, optional preview features, and changes to the Service

FamScapes is an evolving service. From time to time, we may make individual features available under a specific designation such as "Preview," "Early Access," "Experimental," or another pre-release label. Only features expressly identified that way should be understood as pre-release features. Such features may contain errors, change materially, have limited support, or be discontinued. We may add, remove, modify, suspend, or replace features, integrations, providers, limits, or functionality as the Service evolves, subject to applicable law and any commitments that apply to a paid Subscription.

We do not guarantee continuous, uninterrupted, or error-free availability. Maintenance, provider outages, internet failures, cyber incidents, data-source changes, third-party API changes, capacity limits, legal restrictions, or events outside our reasonable control can affect the Service. We will use reasonable efforts appropriate to the Service to maintain availability and address material issues, but we do not promise a specific uptime unless separately agreed in writing.

21 · Privacy, cookies, and electronic communications

Our Privacy Notice explains how we handle personal information. The Consumer Health Data Privacy Policy provides additional information where consumer-health-data laws apply. The Cookie Statement explains our use of cookies and similar technologies. Please review those notices in Section 4.

By creating an account, you agree that we may send you electronic communications relating to the Service, your account, security, billing, legal notices, and other transactional matters at the email address or through the in-product channels associated with your account. Marketing communications are handled separately and may be opted out of as described in the Privacy Notice and the communication itself.

You are responsible for keeping your contact information current. Electronic notices are effective to the extent permitted by law when sent to the contact information associated with your account or made available through the Service.

22 · Suspension, account closure, and termination

You may stop using FamScapes at any time and may use available account tools to cancel a Subscription or request account deletion, subject to the Cancellation & Refund Policy, Privacy Notice, Consumer Health Data Privacy Policy where applicable, and any retention obligations required by law.

We may suspend, restrict, or terminate access if we reasonably believe you have materially breached these Terms, created a security or safety risk, used the Service unlawfully, failed to pay applicable Subscription charges, interfered with the Service, or if suspension is reasonably necessary to comply with law or protect users, FamScapes, or third parties. Where appropriate and practicable, we may provide notice or an opportunity to cure before termination.

Termination does not affect rights or obligations that accrued before termination. Provisions that by their nature should survive - including intellectual property, Feedback, disclaimers, liability limitations, indemnification, dispute resolution, governing law, and general provisions - survive termination.

23 · Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." FAMSCAPES DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY OTHER WARRANTIES THAT MAY ARISE BY LAW, COURSE OF DEALING, OR USAGE OF TRADE, EXCEPT TO THE EXTENT A WARRANTY CANNOT LAWFULLY BE DISCLAIMED.

FAMSCAPES DOES NOT WARRANT THAT THE SERVICE OR WINSTON WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPLETE, CURRENT, OR ACCURATE, OR THAT A PARTICULAR ITINERARY, PROVIDER, DESTINATION, PRICE, AVAILABILITY, POLICY, ACCESSIBILITY FEATURE, OR TRAVEL OUTCOME WILL MEET YOUR NEEDS.

THIRD-PARTY TRAVEL PROVIDERS AND LINKED SERVICES ARE INDEPENDENT. TO THE FULLEST EXTENT PERMITTED BY LAW, FAMSCAPES DOES NOT WARRANT OR GUARANTEE THEIR CONTENT, SECURITY, AVAILABILITY, PRODUCTS, SERVICES, CONDUCT, PERFORMANCE, REFUNDS, OR FULFILLMENT. YOUR RIGHTS AGAINST A THIRD-PARTY PROVIDER ARE GOVERNED BY YOUR AGREEMENT WITH THAT PROVIDER AND APPLICABLE LAW.

Some jurisdictions do not allow particular warranty exclusions, so some of the above may not apply to you. Nothing in these Terms excludes a warranty or right that cannot be excluded under applicable law.

24 · Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FAMSCAPES, LLC AND ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, FAMSCAPES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO FAMSCAPES FOR YOUR SUBSCRIPTION DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. AMOUNTS YOU PAY TO THIRD-PARTY TRAVEL PROVIDERS ARE NOT AMOUNTS PAID TO FAMSCAPES FOR PURPOSES OF THIS CAP.

The limitations in this Section apply to the extent permitted by law and regardless of the legal theory asserted. They do not apply to liability that cannot lawfully be limited or excluded. Some jurisdictions may provide rights that make part of this Section inapplicable to you.

25 · Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless FamScapes, LLC and its managers, members, officers, employees, contractors, and agents from third-party claims, losses, liabilities, damages, judgments, and reasonable costs (including reasonable attorneys' fees) arising from: (a) your material breach of these Terms; (b) your unlawful or unauthorized use of the Service; (c) User Content you submit or information you provide about another person without the necessary rights or authority; or (d) your infringement or violation of another person's rights.

FamScapes may control the defense of a matter subject to indemnification, and you agree to reasonably cooperate. FamScapes will not settle a claim in a manner that imposes an admission or non-monetary obligation on you without your consent, which will not be unreasonably withheld.

26 · Dispute resolution and arbitration

26.1 Informal resolution first

Before either party starts arbitration or a court action other than an eligible small-claims matter, the complaining party must send a written notice describing the dispute, the relevant account or contact information, the facts giving rise to the dispute, and the requested resolution. The parties will attempt in good faith to resolve the dispute for 30 days after a complete notice is received. The applicable limitations period is tolled during that 30-day period to the extent permitted by law.

26.2 Small claims

Either party may bring an individual claim in a court of competent jurisdiction that qualifies as small claims, provided the claim remains individual and within that court's jurisdiction.

26.3 Individual arbitration

Except for qualifying small-claims matters and claims that applicable law does not permit to be arbitrated, disputes arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration rather than by a judge or jury. Arbitration will be administered by the American Arbitration Association (AAA) under its applicable consumer rules, as modified by these Terms and applicable law.

The arbitrator may award the same individual remedies that a court could award, subject to these Terms and applicable law. The arbitrator will issue a reasoned written decision if requested. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.

26.4 Arbitration procedure, location, and fees

The arbitration may be conducted by documents, telephone, videoconference, or an in-person hearing as permitted by the administrator's consumer rules. Any in-person consumer hearing will occur in a reasonably convenient location, ordinarily in the county or equivalent jurisdiction where you reside, unless the parties agree otherwise or applicable rules require a different location.

Arbitration filing, administration, and arbitrator fees will be allocated under the administrator's consumer rules and applicable law. FamScapes will not seek to shift fees to a consumer in a manner prohibited by those rules or law.

26.5 No class or representative proceedings

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FAMSCAPES AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS WITHOUT ALL PARTIES' CONSENT, EXCEPT TO THE EXTENT APPLICABLE LAW OR THE ADMINISTRATOR'S BINDING RULES REQUIRE OTHERWISE.

26.6 Severability and survival

If a portion of this arbitration agreement is found unenforceable, the remaining portion will be enforced to the fullest extent permitted by law. This Section survives termination of the account and these Terms.

27 · Governing law and venue

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs the arbitration provision where applicable and mandatory consumer-protection rights in your jurisdiction remain unaffected to the extent they cannot be waived.

For a dispute that is not subject to arbitration and is not brought in small-claims court, you and FamScapes consent to the exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia, subject to any non-waivable right to bring a claim elsewhere.

28 · Changes to these Terms

We may update these Terms as the Service, law, or our business changes. We will change the "Last updated" date when we revise them. For material changes, we will provide reasonable notice and, where appropriate or required, ask you to re-accept the updated Terms before the change applies to you.

Your continued use of the Service after updated Terms take effect constitutes acceptance to the extent permitted by law. Material changes will apply prospectively unless applicable law permits otherwise. We maintain versioned acceptance records so we can identify which Terms apply to a user and, where relevant, a particular Subscription period or feature.

29 · General provisions

29.1 Entire agreement and supplemental terms

These Terms, together with any terms expressly incorporated into them and any feature-specific terms you accept, form the agreement between you and FamScapes concerning the Service. They supersede prior agreements on the same subject matter, except for rights and obligations that expressly survive.

29.2 Assignment

You may not assign or transfer these Terms or your account without our written consent. FamScapes may assign these Terms in connection with a merger, reorganization, financing, sale of assets, change of control, or transfer of the Service, subject to applicable law and the Privacy Notice.

29.3 Severability

If a provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect, subject to the specific severability rules in Section 26 for arbitration.

29.4 No waiver

A failure or delay to enforce a provision is not a waiver of the right to enforce it later. A waiver is effective only if made in writing by the party granting it.

29.5 Force majeure

FamScapes is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, fire, war, terrorism, civil disorder, labor disputes, government action, epidemics or public-health emergencies, internet or telecommunications failures, utility failures, cyber incidents not caused by FamScapes' failure to use legally required safeguards, or material outages or restrictions imposed by third-party infrastructure or travel-data providers, subject to rights that cannot be waived by law.

29.6 Relationship of the parties

These Terms do not create a partnership, joint venture, employment, franchise, or agency relationship between you and FamScapes. A Third-Party Travel Provider does not become FamScapes' agent merely because FamScapes displays or links to the provider, and FamScapes does not become the provider's agent merely because it receives referral compensation, unless a later written agreement or applicable law expressly provides otherwise.

29.7 Headings and interpretation

Section headings are for convenience only. Words such as "including" mean "including without limitation." If these Terms are translated, the English-language version controls to the extent permitted by law unless we expressly state otherwise.

30 · Contact and legal notices

Questions about these Terms or legal notices may be sent to:

• Email: legal@famscapes.com
• General support: support@famscapes.com
• Mail: FamScapes, LLC, 10 Glenlake Parkway, Suite 130, Atlanta, GA 30328, USA

Privacy requests should be directed through the contact method stated in the Privacy Notice or Consumer Health Data Privacy Policy, as applicable. Billing and refund questions should use the contact method stated in the Cancellation & Refund Policy. Accessibility feedback should use the contact method in the Accessibility Statement.