Terms of Service

1. Holograph Platform and Services

The Services include a subscription-based platform (the “Platform”) that allows Users to create and host a digital storage space (a “Holograph”) where Users may upload, store, manage, and share information, documents, and other data (“Holograph Content”). A Holograph is exclusively available to the Owner and to persons the Owner invites and permits to access it, including Delegates and Principals, subject to specific permissions determined by the Owner. The Services also include an AI assistant known as “Holly” which may provide guidance to Users as they organize, access, or complete a Holograph.

2. Encryption Architecture

The Company uses encryption designed to prevent any unauthorized person, including Company personnel, from accessing Holograph Content. Company architecture ensures that Holograph Content is encrypted prior to transfer (during storage) and during transfer. The Company does not possess a mechanism to decrypt the Holograph Content, and, as such, the Company cannot and does not monitor or review Holograph Content for compliance. Furthermore, the Company does not retain questions or prompts submitted by Users to the Company's AI assistant or its responses. Users remain solely responsible for Holograph Content and their activities related to the Services.

3. Holograph Content

By uploading, storing, or sharing content through the Services, you grant the Company a limited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and fully sublicensable right to use, adapt, reproduce, publish, host, store, encrypt, transmit, translate, and display such content solely as necessary to operate, maintain, and provide the Services in accordance with your instructions and these Terms. This license includes the right to transmit content to collaborators (at your direction) and to perform technical processing necessary to provide the Services.

The Company does not validate or verify the accuracy of, and is not liable for, any Holograph Content, AI-generated content, or other information related to the Services. Any use or reliance on information accessed through the Services is at your own risk.

By inserting or uploading content to the Services, you represent and warrant that you own and control all rights to the content or otherwise have all necessary rights to add or upload such content; that your use, addition, uploading, and posting of such content does not violate any rule, regulation, or law or the Agreement; and that such content is accurate and not harmful to any person or entity.

You further agree not to use the Services for any unlawful, fraudulent, abusive, or harmful purpose, including but not limited to violating any federal, state, or local law; storing or distributing unlawful material; engaging in fraud, identity theft, or impersonation; infringing intellectual property rights; facilitating harassment or unlawful surveillance; interfering with the security or integrity of the Services; or attempting to use the Services for any competitive or unpermitted purpose.

4. Users

In order for a User to establish a Company account and access a Holograph, the User must establish a password. Every User is required to have their own account and password. Using another person's credentials is strictly prohibited. Users are responsible for protecting the privacy of the password and other credentials they use to access the Services or manage their account. The Company will not be liable for any damage or loss resulting from your failure to keep your password confidential. You agree to change your password and notify us immediately should the security of your password be compromised or you become aware of any unauthorized use of your account.

There can be several types of Users related to a single Holograph, and each has designated permissions based on their status as an Owner, a Principal, or a Delegate.

4.1. Owners

An Owner is the initial User who establishes a particular Holograph. Owners are liable for all Holograph Content and activity related to their Holograph and for ensuring that such content and activity is compliant with the Terms, regardless of who posts or edits the content or who is undertaking activity under the Holograph. An Owner is required to keep their account information current with the Company and bears the financial obligations for payment of the Holograph subscription.

An Owner is the only User who can enable other Users to access the Holograph and assign the roles of Principal or Delegate, with pre-established permissions via the “Manage Users” page of the Application. These permissions may enable another User to view, access, add, modify, or delete content to and from the Owner's Holograph. An Owner is also the only individual who can terminate a Delegate's role or request that a Principal relinquish their role. Owners are responsible for managing access permissions for invited Users and assume all risks associated with granting access to the Holograph.

Holograph Content that is deleted or modified by any User cannot be restored by the Company, and the Company is not liable for any losses or damages resulting from such deletion or modification.

4.2. Principals

An Owner may designate a Principal for a Holograph through the “Manage Users” page within the Application. Should a person successfully establish an account with the Company, accept these Terms, and accept the role of Principal and any limitations associated therewith, the named Principal will have access to view, edit, add, and delete items contained in that Holograph. Along with Owners, Principals can assign or remove visibility to particular items for a given Delegate.

A Principal is responsible for their own actions related to the Services. In no instance is the Company responsible or liable for the actions of a Principal. An Owner may request a Principal relinquish their role at any time for any reason; however, for a Principal to be removed from a Holograph, the Principal must agree to the removal.

4.3. Delegates

An Owner may designate a Delegate for a Holograph through the “Manage Users” page of the Application. Should a person successfully establish an account with the Company, accept these Terms, and accept the role of Delegate, the named Delegate will have access to view portions of the Holograph as determined by the Owner or Principal(s). A Delegate is responsible for their own actions related to the Services. In no instance is the Company responsible or liable for the actions of a Delegate. An Owner may remove a Delegate from a Holograph at any time for any reason and with no requirement to provide notice to the Delegate.

5. Prohibited Uses of the Services

All Users are required to maintain the confidentiality of their login, User identification, and password credentials. You are solely responsible for all activity conducted through your account.

Furthermore, you may not:

1. Use the Services in any way that violates the Terms
2. Use the Services for any unlawful purpose
3. Use the Services in any way to distribute altered, deceptive, or false information
4. Copy, reverse engineer, translate, decompile, duplicate, modify, or disassemble Services or related software
5. Seek out or test for vulnerabilities of any part of the security or authentication measures in place related to the Services
6. Send a virus, flood, spam, mail-bomb, script content, or take any other action to interfere with the Services
7. Disrupt or attempt to interfere with any User's or other entity's access to the Services
8. Access or in any way tamper with the non-public areas of the Services or any related systems
9. Access or attempt to use the Services through any means other than your Company account, including any scraping efforts
10. Access or attempt to use the Services on behalf of any third party, including to test or run applications

Because the Services operate using encrypted architecture and the Company does not possess a mechanism to decrypt User-stored Holograph content, the Company does not monitor User content. However, upon discerning or receiving credible information suggesting unlawful activity or activity in breach of these Terms, the Company reserves the right to take the following actions without notice to the User, without recourse by the User, and at the Company's sole discretion: suspend or terminate accounts, disable access, preserve and disclose account-level metadata for legal purposes, and/or cooperate with law enforcement.

The Company reserves sole discretion to determine whether a User's conduct violates these Terms and reserves the right at all times to suspend or terminate accounts and remove Users from the Services, with no liability to you.

6. AI Assistant Disclaimer

Holly is an automated AI system for informational assistance only. Holly does not provide legal, financial, tax, or other professional advice and is not intended to be a substitute for consulting with a professional. Holly's responses may be incomplete or inaccurate. The Company does not guarantee that Holly's responses are original or non-infringing. Users are responsible for verifying all information received from Holly.

7. Legal Validity Disclaimer

The Services include a document storage, organization, and sharing platform. The Company does not draft legal documents, validate the legal sufficiency of documents, guarantee enforceability of any document, or act as a law firm, fiduciary, trustee, executor, or legal advisor. Storage of a document within a Holograph does not, by itself, make that document legally valid, executed, notarized, or enforceable.

You are solely responsible for ensuring that any legal documents comply with applicable laws and formalities.

8. Subscriptions and Payment

The Services are offered on a recurring annual subscription basis that automatically renews after each term unless canceled prior to the renewal date. By subscribing, you authorize the Company and its third-party payment processor to charge your designated payment method on a recurring basis. Subscription fees are billed in advance of each billing cycle. You may cancel your subscription at any time through your account settings or by contacting us at the email listed below. Cancellation will take effect at the end of the then-current billing cycle.

Except where required by law, subscription fees are non-refundable, and the Company does not provide refunds or credits for partial billing periods. The Company reserves the right to modify subscription fees upon reasonable prior notice. Continued use of the Services after a fee change constitutes acceptance of the new fees. You are responsible for all applicable taxes, duties, or governmental charges associated with your subscription, excluding taxes based on the Company's net income. If a payment method fails or a charge is disputed or reversed, the Company may suspend or terminate access to the Services.

9. Services Modification or Discontinuation

The Company reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time, with or without notice. The Company may add, remove, or modify features or functionality of the Services in its sole discretion and may or may not provide Users with prior notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services. Nothing in these Terms shall be construed as a guarantee that the Services will continue to be available indefinitely. The Company retains the right to limit the use and storage of any User at its sole discretion, with or without prior notice.

10. Holograph and Account Termination

Termination of a Holograph subscription automatically terminates all access to the associated Holograph. However, it does not terminate your User account with the Company, as you may be a User on a different Holograph. You may separately terminate your account with the Company at any time. Termination of a Holograph or your account does not alleviate you of any payment obligations you have to the Company.

If a recurring payment method fails on the date of payment, the Company will make attempts to resubmit that payment method for at least 14 calendar days. Should an account be 14 calendar days overdue, the Company will suspend the User's Holograph and it, and any Holograph Content, will no longer be available to any User. Should an account be 60 calendar days overdue, the Company may at its discretion delete the associated Holograph in its entirety.

Upon the Company's notification of the death of an Owner, Ownership of the Holograph will be transferred first to the Principals, and if no Principals are available, the Holograph will be made uneditable and access will be provided to the Delegates for one year as provided under the Data Retention Policy.

If the Company finds that you violated these Terms or engaged in prohibited or illegal conduct, or that your use disrupts or endangers the stability of the Services or poses a legal or security risk, the Company may suspend or terminate your account and may cease providing you with any Services.

Upon termination of your account, your account-level data and your encrypted Holograph data will be scheduled for deletion pursuant to our Data Retention Policy. The Company is not liable to you or any other party for loss of access or of content.

11. Intellectual Property

The Services, including but not limited to the Platform, Website, and components of the Services, are Company property. All right, title, and interest in and to the Services, including Company-created content available on the Platform, remain the exclusive property of the Company. The Company preserves all rights not expressly granted in these Terms. Users agree that any comments, suggestions, feedback, or other customer service communications they provide to the Company may be used by the Company in any manner the Company determines, with no obligation to the User.

Users receive a limited license only to the extent required to use the Services and only during the User's active, fully-paid subscription term.

12. Law Enforcement Requests and Legal Process

The Company may respond to valid legal process, including subpoenas, court orders, or search warrants.

Due to the encrypted architecture and the fact that the Company does not possess a mechanism to decrypt the Holograph Content, the Company cannot access or produce Holograph Content. If required by lawful order, the Company may disclose account-level information within its possession, including registration data, billing metadata, and access logs, if retained. Unless legally prohibited, the Company may notify Users of such requests.

The Company may preserve account-level information or encrypted data objects in response to lawful preservation requests consistent with applicable law. Preservation does not constitute access to or review of decrypted content.

Nothing in this section creates an obligation to monitor User activity.

13. Third-Party Content Disclaimer

The Services may allow Users to share content with third parties or facilitate communication with third parties through links. You acknowledge that the Company does not control, endorse, or assume responsibility for Holograph Content or actions of collaborators. To the maximum extent permitted by law, the Company shall not be liable for content created, uploaded, or shared by Users or third parties. The Company acts solely as a provider of an interactive computer service and does not assume responsibility for User content. Users assume all risk arising from your use of any third-party services or resources.

14. Data Responsibility and Backup Disclaimer

Due to the encrypted architecture of the Services, the Company cannot guarantee backup or restoration of Holograph Content. You are solely responsible for maintaining secure records of your credentials and for retaining copies of any important items stored in your Holograph.

15. Disclaimers and Limitation of Liability

We make no warranty and disclaim all responsibility and liability for actions of any User of the Services. To the maximum extent permitted by law, the Company and its subsidiaries, affiliates, related companies, officers, directors, employees, agents, and licensors (collectively, the “Company Group”) shall not be liable for any injury, harm, property damage, illness, loss of profits, loss of revenue, loss of data, loss of goodwill, loss of business opportunity, loss of use, or any special, incidental, consequential, indirect, exemplary, or punitive damages, resulting from or related to the Services, including but not limited to (1) the use of or inability to use the Services by you or any other party, (2) any content related to the Services, (3) any conduct related to the Services, (4) unauthorized access or utilization to any content including Holograph Content, and (5) timeliness, security, or completeness of the Services.

16. Arbitration

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia without regard to conflict of law principles. Should there be a dispute between the parties related to these Terms, you agree to submit to exclusive arbitration under the rules of the American Arbitration Association on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Arbitrations under these Terms shall be conducted in the State of Georgia, and you agree to submit to the exclusive jurisdiction of such arbiters.

17. Other Terms

17.1. Electronic Communications Consent (E-Sign)

By using the Services, you consent to receive communications from the Company electronically, including notices, disclosures, agreements, and other communications related to your account. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You are responsible for maintaining a valid email address associated with your account.

17.2. Indemnification

You agree to indemnify the Company against claims arising from your Holograph Content, your unlawful use, your infringement of third-party rights, and your violation of these Terms or the Agreement. To the extent permissible by law, you agree to indemnify the Company and hold it harmless against all liabilities, expenses, costs, and damages, including attorneys' fees and costs, related to all third-party claims, charges, investigations, or assertions related to any activity in which you engage on or through the Services.

17.3. Privacy

Your use of the Services is governed by our Privacy Policy. Any information you provide the Company is subject to our Privacy Policy, which governs our collection and use of your personal information. Please note the Data Processing Addendum attached to this Agreement.

17.4. Copyright Policy and DMCA Safe Harbor

Users are on notice of the Company's Copyright Policy, which is posted at the Company's Website. Such policies are not part of these Terms and these Terms and the Agreement do not restrict the Company's right to revise the Copyright Policy.

17.5. Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, governmental action, power failures, internet or telecommunications outages, cyberattacks, denial-of-service attacks, infrastructure failures, or failures of third-party service providers.

During such events, the Company's obligations shall be suspended for the duration of the force majeure event and a reasonable period for reestablishment of Services.

17.6. Assignment

You may not assign or transfer these Terms or your account without the prior written consent of the Company. The Company may assign or transfer the Agreement, including these Terms, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. Any attempted assignment in violation of this section shall be null and void.

17.7. Export Controls and Sanctions Compliance

You represent and warrant that you are not located in a country subject to U.S. government embargo or listed on any U.S. government list of prohibited or restricted parties. You agree not to use the Services in violation of any U.S. export control or sanctions laws.

17.8. Governing Law

These Terms are governed by the laws of the State of Georgia. Except as expressly provided in Section 16 (Arbitration), the parties agree that the courts of Fulton County in the State of Georgia shall have jurisdiction solely for the purposes of enforcing arbitration awards, seeking injunctive relief as permitted under these Terms, or adjudicating disputes not subject to arbitration.

17.9. Severability

If any provision of these Terms is found to be unenforceable, the remainder of the Terms shall remain in full force and effect.

17.10. Survival

The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Prohibited Uses and Illegal Activity, Copyright Policy and DMCA Safe Harbor, Disclaimers, Limitation of Liability, Indemnification, Arbitration, Governing Law, and any provisions relating to dispute resolution or liability limitations. Termination of your account does not relieve you of obligations incurred prior to termination.

17.11. Modifications

We may update or revise these Terms at any time, and the current version will be available on the Company's Website, with the date of the revision indicated at the beginning of the document. Your continued use of the Services constitutes your acceptance of the updated terms. If you do not agree to the updated terms, you must end your subscription and immediately cease using the Services.

17.12. Entire Agreement

These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the Services. They supersede all prior or contemporaneous agreements, understandings, representations, or communications. No oral or written information or advice provided by the Company shall create any warranty or obligation not expressly stated in these Terms.

17.13. Contact Information

If you have questions regarding these Terms or any other part of the Agreement, please contact us:

Holograph Company, Inc.
Email: legal@holographcompany.com