1. The Diwalco.com Service

Diwalco provides a private platform for connecting with family, building interactive family trees, sharing memories, and managing events. The Service is dynamic and subject to updates, modifications, or removal of features at our sole discretion.

2. Account Management

• 2.1. Eligibility and Registration: You must be at least 16 years old (or the legal age of digital consent in your country) to create an account. You agree to provide accurate and updated information.
• 2.2. Account Security: You are responsible for safeguarding your account credentials and all activities that occur under your account. Notify Diwalco immediately of any unauthorised access.
• 2.3. Inactivity & Decease: You are responsible for managing your account. Diwalco may manage or close accounts after prolonged inactivity or upon verified notification of the account holder's decease.

3. User Content

• 3.1. Ownership: You retain ownership of all content you create, upload, or store through the Service ("Content").
• 3.2. License Grant: You grant Diwalco a non-exclusive, royalty-free, worldwide licence to use, host, store, reproduce, modify, and display your Content solely for the purpose of providing and improving the Service.

4. Acceptable Use Policy

You agree not to:

• Use the Service for unlawful or defamatory purposes.
• Impersonate others, upload malicious code, or engage in commercial solicitation.
• Use the Service for legally binding instructions, such as wills or testaments.

5. Family Tree Administrators & Event Organisers

Diwalco is a neutral platform and is not liable for actions or disputes between users, including those designated as Administrators or Event Organisers.

6. Third-Party Services

To operate Diwalco efficiently and securely, we rely on third-party service providers. These providers assist us with functions such as cloud hosting, analytics, communications, and customer support. Each third-party provider operates under its own Terms and Conditions and Privacy Policy.

By using Diwalco and agreeing to our Terms and Conditions, you acknowledge and agree that:

1. Your information may be processed, stored, and transmitted through these third-party services.
2. You are also subject to the applicable Terms and Conditions of these providers, to the extent necessary for their services to function.
3. Diwalco is not responsible for the practices of these third parties but takes reasonable steps to ensure they meet security and privacy obligations

6.1. Liability: Diwalco is not responsible for issues arising from third-party services, including data loss or service interruptions.

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Current third-party providers include (but are not limited to):

• Amazon Web Services (AWS) – Cloud hosting and infrastructure services
  • S3
  • RDS
  • Cognito
• Google Analytics – Usage analytics and performance insights
• SendGrid (Twilio) – Email and notification delivery

7. International Use

The Service is controlled from New Zealand. Users accessing from other jurisdictions are responsible for complying with local laws.

8. Account Deletion & Data Retention

• 8.1. Without Descendants: You may request complete removal of your data.
• 8.2. With Descendants: Your name may be retained to maintain family tree integrity, but all other personal data will be deleted.

9. Disclaimers

• 9.1. Service "AS IS": The Service is provided without warranties of any kind.
• 9.2. Content Accuracy: Diwalco does not verify user-generated content.
• 9.3. No Critical Reliance: The Service is not intended for emergency communications or as a sole data repository.

10. Limitation of Liability

Diwalco shall not be liable for any indirect, incidental, or consequential damages. Our total liability is capped at NZD $100 or the amount paid by you in the past 12 months, whichever is greater.

11. Indemnification

You agree to indemnify and hold Diwalco harmless from claims arising from your use of the Service or violation of these Terms.

12. User Conduct & Data Integrity

• 12.1. Interactions: You are solely responsible for interactions with other users.
• 12.2. Backups: You are encouraged to back up any important Content.

13. Intellectual Property

Diwalco respects IP rights. For copyright concerns, contact hello@diwalco.com.

14. Enforcement

Diwalco reserves the right to suspend or terminate accounts for violations of these Terms.

15. Governing Law

These Terms are governed by New Zealand law. Disputes will be resolved in the courts of Christchurch, New Zealand.

16. General Provisions

• 16.1. Amendments: We may modify these Terms with 30 days notice.
• 16.2. Severability: If any part of these Terms is invalid, the remainder remains in effect.
• 16.3. Contact: For queries, email hello@diwalco.com.

Diwalco Limited

540 Cashel Street, Linwood, Christchurch, 8011, New Zealand

Email: hello@diwalco.com