Legal

Terms of Service

The short version: your content is yours, be respectful, and we'll do our best to keep your memories safe.

Effective date: March 5, 2026

Last updated: March 5, 2026

These Terms of Service ("Terms") are a legal agreement between you and BWK Digital Solutions, LLC ("BWK Digital," "we," "us," "our"), governing your access to and use of the Cairn Memories mobile application, website at cairnmemories.com, and related services (collectively, the "Platform").

By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Eligibility

You must be at least 13 years old to use Cairn Memories. If you are between 13 and 17, you may use the Platform only with the consent of a parent or legal guardian, and that parent or guardian must agree to these Terms on your behalf.

By using the Platform, you represent that you meet these eligibility requirements.

2. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

  • Provide accurate and complete information when creating your account
  • Keep your login credentials secure and not share them with others
  • Notify us immediately at support@cairnmemories.com if you suspect unauthorized access to your account

We are not liable for any loss or damage arising from unauthorized use of your account.

3. Your Content

3.1 Ownership

You retain full ownership of all content you create on the Platform — including rocks, moments, voice notes, photos, text entries, and videos (collectively, "User Content"). We never claim ownership of your content.

3.2 License to Us

By uploading User Content, you grant BWK Digital a limited, non-exclusive, worldwide, royalty-free license to store, process, transmit, and display your content solely for the purpose of operating and providing the Platform. This license terminates when you delete the content or your account (subject to our data retention policy).

3.3 Content on Cairns

When you place a rock on a cairn, other members of that cairn can view your contributed content according to the cairn's type and visibility settings:

  • Private Cairns: Visible only to invited family members with appropriate roles (admin, member, viewer)
  • Event Cairns: Visible to event organizers and participants
  • Shared Cairns: Visible to all participants; may be publicly discoverable depending on cairn settings

You can remove your rock from any cairn at any time. Removal is immediate and your content will no longer be visible to other cairn members.

3.4 Location Keys and Time Keys

You may apply reveal conditions ("Keys") to your moments:

  • Location Keys require the viewer to be physically present at a specific place before content is revealed
  • Time Keys require a specific date or age milestone to arrive before content becomes visible
  • Combined Keys require both conditions to be met

Locked content is not accessible to anyone — including other cairn members and BWK Digital — until the reveal conditions are satisfied. Content protected by encryption cannot be accessed by BWK Digital under any circumstances.

4. Acceptable Use

You agree not to:

  • Upload content that is illegal, obscene, defamatory, threatening, or infringes on the rights of others
  • Use the Platform to harass, bully, stalk, threaten, or impersonate any person
  • Attempt to access other users' private content, accounts, or encrypted data without authorization
  • Use automated tools, bots, scrapers, or other means to extract data from the Platform
  • Interfere with or disrupt the Platform's infrastructure, security features, or other users' experience
  • Reverse engineer, decompile, or disassemble any part of the Platform
  • Use the Platform for any commercial purpose not expressly authorized by BWK Digital
  • Circumvent, disable, or otherwise interfere with security-related features including encryption, access controls, and content moderation

We reserve the right to remove content and suspend accounts that violate these terms.

5. AI Features

The Platform includes AI-powered features, including Rocky (your journey companion) and AI-generated journey narratives. These features are governed by the following principles:

  • Always opt-in: AI features are never activated without your explicit consent
  • Always editable: Any AI-generated content can be modified or deleted by you at any time
  • Always attributed: AI-generated content is clearly labeled as "AI-assisted" in all views
  • Never trained on your data: Your content is not used to train AI models. AI features use your content only to generate responses and narratives within the Platform.

AI-generated content is provided for convenience and creative inspiration. It may contain inaccuracies. You are responsible for reviewing and approving any AI-generated content before sharing it.

6. Intellectual Property

Except for User Content, the Platform and all of its components — including software, design, text, graphics, logos, icons, the "Cairn Memories" name, the cairn/rock metaphor system, Rocky, and all related branding — are the property of BWK Digital and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Platform without our written permission.

7. Third-Party Services

The Platform integrates with third-party services including:

  • Authentication providers (Apple, Google)
  • Cloud infrastructure (Google Cloud Platform)
  • AI services (Anthropic/Claude for Rocky and narrative generation)
  • Mapping services for route visualization

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party providers.

8. Fees and Payment

Cairn Memories is currently in early access. Pricing details will be published before any paid features are introduced. We will provide advance notice before charging for any features that were previously free. Free-tier features available at the time of your signup will remain free for the duration of your account.

9. Termination

9.1 By You

You may delete your account at any time through the app settings. Upon deletion:

  • Your account enters a 90-day read-only grace period during which you can reactivate and recover your data
  • After 90 days, all data is permanently and irreversibly deleted
  • Content you placed on cairns will be removed from those cairns

9.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms or our Acceptable Use policy
  • Engage in activity that puts other users or the Platform at risk
  • Have an account that has been inactive for more than 24 months (with 30 days advance notice)

We will provide notice and an opportunity to export your data before termination, except in cases of severe or immediate violations.

10. Service Availability

We strive to keep the Platform available and reliable, but we do not guarantee uninterrupted or error-free service. We may:

  • Perform scheduled maintenance with reasonable advance notice
  • Modify, update, or discontinue features at our discretion
  • Experience outages due to circumstances beyond our control

We will make commercially reasonable efforts to notify you of material changes to the Platform.

11. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, BWK DIGITAL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that any content will be preserved indefinitely. While we employ industry-standard encryption and security practices, no system is perfectly secure.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BWK DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF CONTENT, LOSS OF REVENUE, OR LOSS OF ANTICIPATED MEMORIES, ARISING FROM YOUR USE OF THE PLATFORM.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BWK DIGITAL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless BWK Digital, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your User Content
  • Your violation of any rights of another person or entity

14. Dispute Resolution

Any disputes arising from these Terms or your use of the Platform will be resolved as follows:

  • Informal resolution: We encourage you to contact us first at legal@cairnmemories.com. Most concerns can be resolved informally within 30 days.
  • Governing law: These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
  • Jurisdiction: Any legal proceedings shall be brought in the state or federal courts located in Dallas County, Texas.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or through the Platform at least 30 days before the changes take effect. The "Last updated" date at the top reflects the most recent revision.

Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you may delete your account.

16. General Provisions

  • Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and BWK Digital regarding the Platform.
  • Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
  • Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
  • Assignment: You may not assign your rights under these Terms. We may assign our rights in connection with a merger, acquisition, or sale of assets.

17. Contact Us

For questions about these Terms: