Wendby MarketFoundry

Please read these Terms of Service ("Terms") before using Wend (the "Service"), operated by MarketFoundry LLC ("MarketFoundry," "we," "us," or "our"). By accessing or using the Service, you agree to these Terms. If you are setting Wend up for someone else, you also agree to the responsibilities in Section 4.

This document is a plain-language agreement, not legal advice, and is provided as a starting point. Laws on recording people, consent, and consumer subscriptions vary by jurisdiction. We recommend review by qualified counsel before relying on these Terms.
Contents
  1. The Service
  2. Eligibility & minimum age
  3. Accounts & access
  4. Setting up for someone else
  5. Recording consent
  6. Your stories & ownership
  7. Keeping, freezing & export
  8. Plans & billing
  9. Acceptable use
  10. AI & accuracy
  11. Warranties
  12. Liability
  13. Termination
  14. Governing law
  15. Changes & contact

1. The Service

Wend is a service that helps families record and preserve life stories. A warm, AI-guided interviewer gently leads a recorded conversation with a storyteller; the recording is transcribed and organized into a private, searchable video archive that the family can watch, add to, and keep over time. The Service is provided on a subscription basis with a one-time setup.

2. Eligibility and minimum age

3. Accounts and access

4. Setting up for someone else

Wend is usually purchased by one person (the account holder) for another (the storyteller). If you set up Wend for someone else, you represent that:

5. Recording consent

Recording is central to the Service, and we treat consent seriously:

Recording laws vary Some places require the consent of everyone being recorded. You — and, where applicable, the account holder — are responsible for ensuring that recording a given storyteller (and anyone else present, such as in a two-person session) is lawful in their location.

6. Your stories and ownership

7. Keeping, freezing, and export

These are core promises of the Service:

8. Plans and billing

Wedding bookings: Wend Wedding and Wend Hosted

These terms apply when you reserve Wend Wedding or Wend Hosted for a wedding or another event. They add to the terms above.

What you receive. A page for your event from the day you book. A starter kit, shipped within two business days. The stands, signs and cards for the day, shipped about two weeks before your date. One video of what was collected, about thirty days after the event. For an event less than about two weeks away, everything ships together.

Refunds. If you cancel within 14 days of booking, you receive a full refund. After that, and until your kit is printed, we refund all but $49, which covers your page and anything already sent to you. Once your kit is printed it has been made for you and cannot be refunded.

Changing your date. Moving your date costs nothing before your kit is printed. With Wend Hosted, the new date needs a set of stations to be available.

Rented tablet stations (Wend Hosted). The three tablet stations are rented for your event and remain our property. Return them in the prepaid box within five business days after the event. A station that is not returned is charged at its replacement cost. The video frame is yours to keep.

Included time. Your booking includes a year from the day you book, or until 90 days after your event, whichever is later, to keep adding to your own story. What has been collected stays playable after that.

Questions about a booking: [email protected].

9. Acceptable use

You agree not to use the Service to:

We may suspend or terminate accounts that violate this section.

10. AI and accuracy

11. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE WE TAKE GREAT CARE TO PRESERVE YOUR RECORDINGS, WE CANNOT GUARANTEE AGAINST ALL POSSIBLE LOSS, AND WE ENCOURAGE YOU TO USE THE FREE EXPORT FEATURE TO KEEP YOUR OWN COPIES.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETFOUNDRY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Termination

We may suspend or terminate access for violation of these Terms, non-payment, or conduct harmful to the Service or other users. You may close your account at any time. On termination, your right to use the Service ends, but your stories are handled per Section 7 — frozen and preserved, and available to export — rather than immediately destroyed, unless you ask us to delete them.

14. Governing law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Disputes shall be resolved in the state or federal courts located in San Diego County, California.

15. Changes and contact

We may update these Terms from time to time and will post the updated version with a revised date, notifying you of material changes. Questions? Reach us:

MarketFoundry LLC

Email: [email protected]

Phone: (619) 818-3731

Web: marketfoundry.io