1. Agreement to these terms
These Terms of Service (“Terms”) govern your access to and use of the opentree ai website, family history workspace, AI tools, research tools, print studio, and related services (collectively, the “Service”). “OpenTree,” “we,” “us,” and “our” refer to the operator of the Service. By creating an account or using the Service, you agree to these Terms and our Privacy Policy.
If you do not agree, do not use the Service. If you use the Service for an organization or another person, you represent that you have authority to accept these Terms for them.
2. Eligibility and accounts
You must be at least 13 and legally able to enter this agreement. If you are not old enough to enter a binding agreement where you live, a parent or legal guardian must authorize your use. The Service is not directed to children under 13, and they may not create an account.
You must provide accurate account information, keep your credentials secure, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and for the people you invite to a tree. You may not sell, transfer, or share an account in a way that defeats access controls or plan limits.
3. The Service
OpenTree helps you create or import a family tree; organize family records and media; explore relationships, geography, and timelines; search selected public collections; create or enhance images with AI; invite collaborators; export a portable archive; and create printable PDFs or order physical products. Features may vary by plan, location, provider availability, and stage of development.
OpenTree is not a professional genealogist, archival repository, legal service, identity service, medical service, or source of official vital records. You remain responsible for evaluating the accuracy and suitability of family-history information and outputs.
4. Your archive remains yours
As between you and OpenTree, you retain ownership of the GEDCOM data, photographs, documents, notes, research, prompts, and other content you upload or create in the Service (“Your Content”). OpenTree does not claim ownership of your family archive.
You grant OpenTree a limited, non-exclusive, worldwide license to host, copy, process, adapt, display, transmit, and create technical derivatives of Your Content only as reasonably necessary to operate, secure, support, and improve the Service; produce the exports, AI results, and print products you request; and comply with law. This license ends when Your Content is deleted, subject to reasonable backup, legal, security, and transaction-retention periods.
You can download a portable archive containing your GEDCOM and stored media. You are responsible for keeping independent backups of material that is important to you.
5. Your responsibilities for content
You represent that you have the rights and permissions needed to use Your Content and that your use will not:
- violate another person’s privacy, publicity, intellectual-property, or other rights;
- unlawfully expose sensitive information about a living person;
- contain malware or be used to harass, threaten, defraud, impersonate, or exploit anyone;
- misrepresent an AI interpretation, estimate, or unverified lead as an authentic historical record; or
- violate any law, court order, contractual restriction, or source-site terms that apply to you.
Before inviting collaborators or sharing an export or print, consider whether it contains private details about living people. OpenTree may remove content or limit access when reasonably necessary to address a violation, security risk, valid legal request, or credible rights complaint.
6. AI features
AI features can generate period-aware illustrations and prepare photographs for printing. Results are probabilistic and may be inaccurate, incomplete, anachronistic, or visually altered. Image enhancement works best with a clear source image and is not guaranteed to recover detail that was never present. Always review faces, text, clothing, objects, and other fine details before using a result.
Generated scenes are labeled interpretations and must not be presented as authentic photographs or evidence. Unless applicable law provides otherwise, you may use the output we provide to you, but OpenTree does not guarantee that an output is unique, protectable, non-infringing, or suitable for a particular purpose. Other users may receive similar output.
7. Research tools and third-party sources
Research tools may search or link to government archives, libraries, nonprofits, and other third-party sources. Search results are leads, not verified matches. Records, descriptions, availability, fees, and usage rights are controlled by their source. OpenTree does not guarantee that a result concerns the correct person or that a linked item will remain available.
You are responsible for complying with source restrictions and determining whether you may copy, publish, or commercially reproduce third-party material. OpenTree is not responsible for external websites, records, or services.
8. PDFs, prints, and physical orders
Printable PDFs are generated from the information and images you select. Screens, printers, papers, frames, crops, and production processes differ, so physical color, sharpness, margins, and placement may vary from an on-screen proof. You are responsible for reviewing names, dates, image crops, resolution warnings, and the final proof before export or purchase.
Physical products may be manufactured and shipped by a third-party print provider. Product options, prices, taxes, shipping estimates, cancellation windows, and return or replacement rules shown at checkout are part of your order. Personalized products ordinarily cannot be returned merely because you changed your mind, but defective, damaged, or incorrectly fulfilled orders will be handled under the policy presented at checkout and applicable law.
9. Plans, subscriptions, and payment
OpenTree may offer free and paid plans with different limits for trees, storage, and AI requests. Current features, allowances, billing frequency, and prices are displayed before purchase. Physical products, shipping, taxes, and certain third-party charges are sold separately unless expressly included.
Paid subscriptions renew automatically for the period shown at checkout until canceled. You authorize our billing providers to charge the payment method on file. You can manage or cancel a subscription from your account. Unless the checkout terms or applicable law say otherwise, cancellation takes effect at the end of the paid period and subscription fees are non-refundable. If payment fails, we may retry the charge, restrict paid features, or move the account to a free plan.
We may change plans or prices prospectively. We will give notice of a material change when required and will not charge a new recurring price without the notice or consent required by law.
10. Acceptable use
You may not:
- access the Service unlawfully or use it to violate the rights of others;
- probe, bypass, disable, or interfere with authentication, security, rate limits, or plan controls;
- upload malicious code or disrupt the Service or another user’s workspace;
- scrape, copy, or systematically extract the Service or third-party sources except as expressly allowed;
- reverse engineer the Service except where applicable law does not permit that restriction;
- use automated requests in a way that creates unreasonable load or expense; or
- resell or provide the Service to others without our written permission.
11. OpenTree materials
The Service, software, visual designs, templates, branding, and other materials provided by OpenTree—excluding Your Content and third-party material—are owned by OpenTree or its licensors and protected by intellectual-property law. These Terms give you a limited, revocable, non-transferable right to use the Service for its intended purpose. They do not grant rights to our name, trademarks, source code, or product designs.
12. Availability, changes, and termination
We work to keep the Service available, but it may be interrupted, changed, or discontinued. We may add, remove, or modify features and limits as the product develops. When reasonably possible, we will provide notice before a change that materially reduces a paid Service.
You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, create a security or legal risk, fail to pay, or misuse the Service. Where practical, we will provide notice and an opportunity to export Your Content unless doing so would create risk, violate law, or defeat the reason for suspension.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available.” OpenTree disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment. We do not warrant that the Service will be uninterrupted, secure, error-free, or that any genealogy, research result, AI output, map, timeline, image enhancement, estimate, or print will be accurate or meet your expectations.
Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you. Nothing in these Terms limits a right that cannot legally be waived.
14. Limitation of liability
To the maximum extent permitted by law, OpenTree and its suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, data, archives, or business opportunities arising from the Service. OpenTree’s aggregate liability for all claims relating to the Service will not exceed the greater of $100 or the amount you paid OpenTree for the Service during the 12 months before the event giving rise to the claim.
These limits do not apply where prohibited by law or to liability that cannot lawfully be limited. You may have additional consumer rights where you live.
15. Indemnity
To the extent permitted by law, you will defend, indemnify, and hold OpenTree and its suppliers harmless from third-party claims, damages, and reasonable costs arising from Your Content, your violation of these Terms, or your violation of another person’s rights. This obligation does not apply to the extent a claim results from OpenTree’s own unlawful conduct.
16. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute that is not resolved informally will be brought in a state or federal court with jurisdiction in Sonoma County, California, unless applicable consumer law gives you the right to bring a claim elsewhere. Before filing a claim, please contact us and allow 30 days to try to resolve the dispute informally.
17. General terms
These Terms and the Privacy Policy are the entire agreement between you and OpenTree regarding the Service. If a provision is unenforceable, it will be narrowed to the minimum extent necessary and the remaining terms will continue. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganization, financing, merger, acquisition, or sale of the Service. Sections that by their nature should survive termination will survive.
18. Changes and contact
We may update these Terms as the Service changes. We will post the revised Terms with a new “Last updated” date and give additional notice of material changes when required. Changes apply prospectively. If you do not agree to revised Terms, you should stop using the Service and export your archive.
Questions about these Terms may be sent to support@opentree.ai.