Terms and Conditions

Ancestry · agreement dated 12 May 2026 · Official agreement

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107 of 107 cards

Legal Rights & Agreement Rules · Context

Terms effective 12 May 2026; summary lists recent changes

This version of the Ancestry Terms and Conditions states an effective date of 12 May 2026. A summary at the top says the most recent changes updated language about who may use the Services, users’ rights and obligations, and product and feature offerings, and updated the Dispute Resolution section for US users. The summary is described as an aid and encourages reading the full Terms together with the Privacy Statement; it does not itself list the specific wording changes.

Supporting quotations

Effective Date: 12 May 2026
This summary is intended to help you better understand recent changes to the Ancestry Terms and how the changes may impact you.
We updated language clarifying who may use the Services.
We updated language regarding users’ rights and obligations.
We updated language reflecting changes to product and feature offerings.
We updated the Dispute Resolution section for US users.

Qualifications & exceptions

  • The summary only names categories of change; it does not say what the earlier wording was.

Not stated here

  • The specific wording differences from earlier versions are not set out in this source (a link to prior versions appears near the end of the Terms).

Legal Rights & Agreement Rules · Context

Terms govern use of Ancestry and affiliates’ products and services

The introduction says the Terms govern your use of Ancestry and of its affiliates’ products and services, and asks you to read them carefully. The Terms are organized into the sections listed in the table of contents (introduction to services, Ancestry Content, Your Content, termination, renewals and cancellations, no guarantees, limited liability, indemnity, other companies’ services, dispute resolution and miscellaneous).

Supporting quotations

Please read the following Terms carefully, as they govern your use of Ancestry and our affiliates’ products and services.

Legal Rights & Agreement Rules · Context

Using any listed Ancestry service means agreeing to these Terms

The Terms apply to the websites, services and mobile apps that link to them: Ancestry, AncestryDNA, Newspapers.com, Find a Grave, Fold3, Forces War Records, Archives and WeRemember, plus other related brands (together, the “Services”). By using any of them you agree to the Terms, and new features added to the Services in future are also covered by the Terms.

Supporting quotations

By using any of the websites, services, and mobile apps that link to these Terms and Conditions (the “Terms”)—Ancestry, AncestryDNA, Newspapers.com, Find a Grave, Fold3, Forces War Records, Archives, and WeRemember—as well as other related brands (the “Services"), you agree to these Terms.
Any new features included in the Services in the future will also be subject to these Terms.

Qualifications & exceptions

  • The list of brands is the source’s own; “other related brands” is not further defined here.

Legal Rights & Agreement Rules · Permission or license

The Ancestry company you contract with depends on service and where you live

You enter the Terms with a specific Ancestry entity, which depends on which Service you use and where you reside; a list of entities by Service and geography is linked. “Ancestry”, “us” and “we” in the Terms mean the relevant entity on that list, and Ancestry reserves the right to change the entity that is party to the Terms at any time.

Supporting quotations

You are entering into these Terms with a specific Ancestry entity depending on what Service you are using and where you reside.
All references to “Ancestry”, “us”, “we”, or “our” in these Terms refer to the relevant Ancestry entity on that list.
We reserve the right to change the Ancestry entity party to these Terms at any time.

Not stated here

  • The entity list is a linked page that is not part of this source, so which entity applies to a given user is not stated here.

Legal Rights & Agreement Rules · Context

Your use is also subject to several linked Ancestry policies

Use of the Services is subject to the Terms, and the Terms name additional use-related policies and guidelines that set expectations for how the Services may be used: Community Guidelines, Renewal and Cancellation Terms, Trademark Usage Guidelines, Copyright Policy, Guide for Law Enforcement and SMS Terms. The Terms ask you to read them, and say that if you do not agree to the Terms you should not use the Services.

Supporting quotations

Your use of the Services is subject to these Terms.
Additional use-related policies and guidelines set expectations for how the Services may be used, including the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines), [Renewal and Cancellation Terms](https://www.ancestry.com/c/legal/renewal-cancellation-terms), [Trademark Usage Guidelines](https://www.ancestry.com/c/legal/trademarks), [Copyright Policy](https://www.ancestry.com/c/legal/copyright-policy), [Guide for Law Enforcement](https://www.ancestry.com/c/legal/lawenforcement), and [SMS Terms](https://www.ancestry.com/c/legal/sms-terms).
If you do not agree to these Terms, you should not use our Services.

Not stated here

  • The text of the linked policies is not part of this source, so their specific rules are not explained here.

Data Access & Collection · Context

Privacy practices are set out in separate notices, not in these Terms

The Terms say that separate privacy notices explain how Ancestry collects and uses your Personal Information, naming the Privacy Statement, the Consumer Health Data Privacy Policy and the Cookie Policy. Those documents are linked rather than included in this source.

Supporting quotations

Separate privacy notices explain how we collect and use your Personal Information, including our [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement), [Consumer Health Data Privacy Policy](https://www.ancestry.com/c/legal/wa-health-privacy), and [Cookie Policy](https://www.ancestry.com/c/legal/aboutcookies).

Not stated here

  • What data is collected and how it is used is governed by linked documents that are not supplied in this source.

Legal Rights & Agreement Rules · Context

Additional terms for a new Service or promotion prevail if they conflict

Additional terms may apply when you sign up for a new Service or take advantage of a promotion or special offer. Ancestry says it will disclose them to you in advance and they become part of your agreement with Ancestry; if they conflict with these Terms, the additional terms prevail.

Supporting quotations

Additional terms may apply when you sign up for a new Service or take advantage of a promotion or special offer.
Any such terms will be disclosed to you in advance and become part of your agreement with us.
If any additional terms conflict with these Terms, the additional terms will prevail.

Legal Rights & Agreement Rules · Restriction or exception

You assume the risks of unexpected discoveries; Ancestry is not liable for their consequences

The Terms warn that using the Services may reveal unexpected facts about you or your family, or content you find offensive, inaccurate or objectionable. You expressly agree to assume all risks associated with using the Services and not to hold Ancestry liable for any social, emotional or legal consequences of such discoveries or encounters. The Terms point to Section 7 for Ancestry’s limited liability, which separately limits liability to the fullest extent allowed by law.

Supporting quotations

When using our Services you may discover unexpected facts about yourself or your family.
you expressly agree to assume all risks associated with your use of the Services and not to hold Ancestry liable for any social, emotional, or legal consequences of such discoveries or encounters
7. Ancestry’s Limited Liability
By using the Services, you agree that Ancestry’s liability is limited to the fullest extent allowed by law.

Qualifications & exceptions

  • The text says Section 7 contains further limits; its jurisdiction-based qualification is explained on the Section 7 card.

Not stated here

  • A linked page with more guidance about Unexpected Results is referenced but not supplied.

Account & Service Control · Restriction or exception

Anyone who uses the Services is a “User”; some Services need an account with accurate details

The Terms define a “User” as everyone who uses the Services, including an unregistered guest, a free registered guest, a paid subscriber, or a purchaser or registrant of an AncestryDNA kit. Users may need to register an account to use certain Services, and you agree to provide accurate, complete and current information when registering.

Supporting quotations

Everyone who uses the Services, whether an unregistered guest, free registered guest, paid subscriber, or a purchaser or registrant of an AncestryDNA kit, is a “User.”
Users may need to register an account to use certain Services, and you agree to provide accurate, complete, and current information when registering.

Account & Service Control · Restriction or exception

Minimum ages: age of consent, 13 to consent age with permission (not DNA), none under 13

The Services are intended for people who have reached the age of consent where the Services are offered. If you are between 13 and the age of consent where you live, you may use the Services, excluding the DNA Services, with a parent’s or guardian’s permission. Children under 13 may not create accounts, although they may use AncestryClassroom through their school (if available) and with a parent’s or guardian’s permission. The DNA Services have their own eligibility rule: you must be at least the age of consent where the DNA Services are offered to purchase or register an AncestryDNA test kit or upload your DNA Data. “DNA Services” covers the AncestryDNA kit, processing and testing of your sample, storing your sample and extracted DNA (as applicable), and related ethnicity, traits and genetic results tools.

Supporting quotations

The Services are intended for those who have reached the age of consent where the Services are being offered.
If you are between the ages of 13 and the age of consent where you live, you may use the Services (excluding the DNA Services) with your parent's or guardian's permission.
Children under the age of 13 are not permitted to create accounts, however, they are allowed to use [AncestryClassroom](https://www.ancestryclassroom.com/k12/k12home) through their school (if available) and with their parent’s or guardian’s permission.
1.4.1 Eligibility to Use DNA Services
You must be at least that age to purchase or register an AncestryDNA test kit or upload your DNA Data.
As used in these Terms, “DNA Services” refers to the use and registration of an AncestryDNA test kit, processing and genetic testing of your sample, storing your sample and any extracted DNA (as applicable), and our tools that provide you with ethnicity estimates (ancestral regions), traits information, and other genetically-related results and associated services.

Qualifications & exceptions

  • The age of consent varies by place and is not stated in the Terms.
  • AncestryClassroom access for under-13s depends on being available through the school.

Not stated here

  • The actual age of consent in each location is not specified in this source.

Account & Service Control · Restriction or exception

You agree to follow Ancestry policies and the law and to answer for your account’s activity

In exchange for access, you agree to comply with Ancestry’s Community Guidelines, Copyright Policy, Renewal and Cancellation Terms, Trademark Usage Guidelines and Guide for Law Enforcement, and with all applicable laws. You also agree to be responsible for all use and activity of the Services associated with your account or login information, and to contact Ancestry if you suspect your account was used without authorization or believe your login information was stolen.

Supporting quotations

In exchange for access to the Services, you agree:
To comply with Ancestry’s [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines), [Copyright Policy](https://www.ancestry.com/c/legal/copyright-policy), [Renewal and Cancellation Terms](https://www.ancestry.com/c/legal/renewal-cancellation-terms), [Trademark Usage Guidelines](https://www.ancestry.com/c/legal/trademarks), and [Guide for Law Enforcement](https://www.ancestry.com/c/legal/lawenforcement)
To comply with all applicable laws
To be responsible for all use and activity of the Services associated with your account or login information
To contact us if you suspect your account has been used without your authorization or you believe your login information has been stolen

Not stated here

  • The content of the linked policies is not supplied in this source.

Account & Service Control · Restriction or exception

No reselling the Services or content, and no bypassing security or sharing your login

You agree not to resell the Services, or to resell, reproduce or publish any content or information found on the Services, except as the Terms explicitly describe. You also agree not to circumvent, disable or interfere with the Services’ security-related features, including by letting unauthorized third parties access the Services with your credentials.

Supporting quotations

Not to resell the Services or resell, reproduce, or publish any content or information found on the Services, except as explicitly described in these Terms
Not to circumvent, disable, or otherwise interfere with security-related features of the Services, including by allowing unauthorized third parties to access Services using your credentials

Qualifications & exceptions

  • The resale and publishing restriction is subject to the permitted uses the Terms describe elsewhere (for example, Section 2.2 on Ancestry Content).

Content & IP Rights · Restriction or exception

No automated or excessive access, and no using Services data to train AI or machine learning

You agree not to access, acquire, copy or monitor any part of the Services by manual, automated or programmatic means that goes beyond the intended standard human use of the Services. You also agree not to use any data or content from the Services to train, develop or fine-tune any machine learning model, algorithm or artificial intelligence system.

Supporting quotations

Not to access, acquire, copy, or monitor any portion of the Services by any manual, automated, or programmatic method that exceeds the intended standard human use of the Services
to use any data or content from the Services to train, develop, or fine-tune any machine learning model, algorithm, or artificial intelligence system

Legal Rights & Agreement Rules · Restriction or exception

You agree not to use the Services in connection with a law enforcement investigation or criminal proceeding

Among the commitments you make to access the Services is a promise not to use the Services in connection with any law enforcement investigation or criminal judicial proceeding. The Terms point to Ancestry’s Privacy Center for more information. This is a restriction on you as a user of the Services; the Guide for Law Enforcement is a separate linked document.

Supporting quotations

Not to use the Services in connection with any law enforcement investigation or criminal judicial proceeding.

Not stated here

  • The Privacy Center page and the Guide for Law Enforcement are linked but not supplied in this source.

Use & Processing · Context

DNA Services provide genetic and genealogical results for informational, recreational and personal research use

Section 1.4 sets additional terms for the DNA Services. Their stated purpose is to provide genetic and genealogical results and related reports for your informational, recreational, educational and personal research use. “DNA Services” means the use and registration of an AncestryDNA test kit, processing and genetic testing of your sample, storing your sample and any extracted DNA (as applicable), and tools giving ethnicity estimates (ancestral regions), traits information and other genetically related results and associated services.

Supporting quotations

1.4 Additional Terms Applicable to Use of DNA Services
The purpose of the DNA Services is to provide genetic and genealogical results and related reports for your informational, recreational, educational, and personal research use.
As used in these Terms, “DNA Services” refers to the use and registration of an AncestryDNA test kit, processing and genetic testing of your sample, storing your sample and any extracted DNA (as applicable), and our tools that provide you with ethnicity estimates (ancestral regions), traits information, and other genetically-related results and associated services.

Account & Service Control · Restriction or exception

A parent or guardian may register DNA for a minor and must confirm authority and the minor’s agreement

As a parent or legal guardian you may give Ancestry the Personal Information of your own minor child or an individual under your guardianship and may accept the DNA Services on their behalf. By registering a DNA test for, or submitting Personal Information about, a minor or person under your guardianship, you represent that you are that person’s parent or legal guardian. You also agree that you have discussed the DNA Services with them and that they have agreed to the collection and processing of their sample.

Supporting quotations

As a parent or legal guardian, you may provide us with [Personal Information](https://www.ancestry.com/c/legal/privacystatement#intro) of your own minor child or individual under your guardianship and may accept DNA Services on behalf of your own minor child or individual under your guardianship.
By registering a DNA test for, or submitting any [Personal Information](https://www.ancestry.com/c/legal/privacystatement#intro) about, a minor or individual under your guardianship you represent that you are that individual’s parent or legal guardian. You also agree that you have discussed the DNA Services with the minor or individual under your guardianship and they have agreed to the collection and processing of their sample.

Qualifications & exceptions

  • The text limits this to your own minor child or an individual under your guardianship.

Account & Service Control · Restriction or exception

DNA kit and sample rules: no reselling kits, own or ward’s sample only, no export-law violations

In addition to the Section 1.3 requirements, you agree not to resell AncestryDNA test kits; that any sample you provide is either your own or from a person for whom you are a parent or legal guardian; and not to send Ancestry a sample in violation of any export ban or other law.

Supporting quotations

In addition to the requirements in Section 1.3 above, you also agree:
Not to resell AncestryDNA test kits
Any sample you provide is either your own or provided by a person for whom you are a parent or legal guardian
Not to send us a sample in violation of any export ban or other law

Legal Rights & Agreement Rules · Restriction or exception

You agree not to use DNA Services information for discrimination or illegal activity

Part of the additional DNA commitments is that you will not use information obtained from the DNA Services for any discriminatory purpose or illegal activity.

Supporting quotations

In addition to the requirements in Section 1.3 above, you also agree:
Not to use information obtained from the DNA Services for any discriminatory purpose or illegal activity.

Content & IP Rights · Restriction or exception

You acquire no rights in, or compensation from, research or products Ancestry and partners develop

You agree that you acquire no rights in any research or commercial products developed by Ancestry or its collaborators or partners, and that you will receive no compensation related to any such research or product development.

Supporting quotations

You acquire no rights in any research or commercial products developed by us or our collaborators/partners and will receive no compensation related to any such research or product development

Not stated here

  • This item does not say what data or samples any research uses; other sections and the linked Privacy Statement address data use.

Legal Rights & Agreement Rules · Restriction or exception

DNA results are not intended for medical, diagnostic, law enforcement or paternity use

You agree that information obtained from the DNA Services is not intended for any medical, diagnostic, law enforcement or paternity testing purpose, or for use in any criminal judicial proceeding. The Terms point to Ancestry’s Privacy Center for more information.

Supporting quotations

Information obtained from the DNA Services is not intended for any medical, diagnostic, law enforcement, or paternity testing purpose, or use in any criminal judicial proceeding.

Not stated here

  • The Privacy Center page is linked but not supplied in this source.

Use & Processing · Permission or license

Ancestry may pass your sample to lab partners, extract DNA and test it, now or with later-developed methods

You agree that to facilitate the DNA Services Ancestry may, directly or through other companies that help provide the DNA Services, provide your sample to other companies that help provide the DNA Services (for example laboratory partners), extract DNA from your sample, and perform genetic tests on the extracted DNA in the United States (or, in the future, other countries) using test methods available now or developed later.

Supporting quotations

You agree that in order to facilitate your use of DNA Services, we may directly or through other companies who help us provide DNA Services:
Provide your sample to other companies that help us provide the DNA Services, such as to our laboratory partners
Extract DNA from your sample
Perform genetic tests in the United States (or, in the future, in other countries) on the extracted DNA using test methods available now or later-developed

Not stated here

  • The text does not name the laboratory partners or limit what later-developed test methods might reveal.

Linking & Identification · Permission or license

Ancestry may compare your DNA Data with other Users’ to match you with others who share DNA; you control who sees whom

You agree that Ancestry may compare your DNA Data with other Users’ DNA Data to provide the DNA Services, including matching you to others in its database with whom you share DNA. The Terms state that you are in control as to whether or not you see and are seen by your DNA matches.

Supporting quotations

You agree that in order to facilitate your use of DNA Services, we may directly or through other companies who help us provide DNA Services:
Compare your DNA Data with other Users’ DNA Data to provide the DNA Services, including matching you to others in our database with whom you share DNA (you are in control as to whether or not to see and be seen by your DNA matches)

Not stated here

  • The settings that give you this control are not described in this source.

Sharing & Disclosure · Permission or license

Ancestry may disclose test results to you and people you authorize, and store your DNA Data

You agree that Ancestry may disclose the test results to you and to others that you authorize, and may store your DNA Data.

Supporting quotations

You agree that in order to facilitate your use of DNA Services, we may directly or through other companies who help us provide DNA Services:
Disclose to you, and others that you authorize, the results of the tests performed
Store your DNA Data

Not stated here

  • This item does not say how long DNA Data is stored.

Retention & Deletion · Permission or license

Your sample is stored in a US biobank or destroyed per your registration choice; it cannot be returned

You agree that Ancestry may either store your sample and any extracted DNA in its biobank located in the United States, or destroy any remaining sample and extracted DNA after your sample has been processed, based on the option you selected when registering your AncestryDNA test. Once submitted, your sample, including any extracted DNA, cannot be returned to you.

Supporting quotations

You agree that in order to facilitate your use of DNA Services, we may directly or through other companies who help us provide DNA Services:
Store your sample and any extracted DNA in our biobank located in the United States, or destroy any remaining sample and extracted DNA after your sample has been processed—based on the option you selected when registering your AncestryDNA test; once submitted to us, your sample, including any extracted DNA, cannot be returned to you.

Qualifications & exceptions

  • Which of the two outcomes applies depends on the option selected at registration.

Use & Processing · Permission or license

Lab partners may use part of registered or unregistered samples to calibrate or validate equipment

You agree that Ancestry may allow certain of its laboratory partners to use a portion of registered or unregistered samples to calibrate or validate instruments, equipment or laboratory methods used in providing the DNA Services.

Supporting quotations

You agree that in order to facilitate your use of DNA Services, we may directly or through other companies who help us provide DNA Services:
Allow certain of our laboratory partners to use a portion of registered or unregistered samples to calibrate or validate instruments, equipment, or laboratory methods used in providing DNA Services

Use & Processing · Permission or license

Genetic and other Personal Information is used as the Terms and linked privacy documents describe

You agree that Ancestry may use your Genetic Information and other Personal Information as described in the Terms, the Privacy Statement and the Consumer Health Data Privacy Policy. The details of that use are in the linked documents.

Supporting quotations

You agree that in order to facilitate your use of DNA Services, we may directly or through other companies who help us provide DNA Services:
Use your [Genetic Information](https://www.ancestry.com/c/legal/privacystatement#genetic-information) and other [Personal Information](https://www.ancestry.com/c/legal/privacystatement#intro) as described in these Terms, the [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement), and the [Consumer Health Data Privacy Policy](https://www.ancestry.com/c/legal/wa-health-privacy).

Not stated here

  • The Privacy Statement and Consumer Health Data Privacy Policy are linked but not supplied in this source, so the specific uses are not stated here.

Security & Safeguards · Restriction or exception

A downloaded copy of your DNA Data is outside Ancestry’s security and is your responsibility

If you choose to download a copy of your DNA Data, that copy is not protected by Ancestry’s security measures and you are solely responsible for storing, securing and protecting it. The Terms say there are no restrictions on how you use your DNA Data, but Ancestry has no responsibility if you share or transfer your downloaded DNA Data with others, whether intentionally or inadvertently.

Supporting quotations

1.4.4 Downloading your DNA Data
If you choose to download a copy of your DNA Data, that copy is not protected by our security measures and you are solely responsible for storing, securing, and protecting that downloaded data.
While there are no restrictions on how you use your DNA Data, Ancestry has no responsibility if you elect to share or transfer your downloaded DNA Data with others, either intentionally or inadvertently.

Not stated here

  • “DNA Data” is not defined in this source.

Security & Safeguards · Context

DNA Services are for genealogical, informational and personal use; protection follows the Privacy Statement

The Terms say the DNA Services are for genealogical and informational purposes only and are intended for your personal use within Ancestry, and that Ancestry protects your information as described in its Privacy Statement.

Supporting quotations

The DNA Services are for genealogical and informational purposes only and intended for your personal use within Ancestry. We protect your information as described in our [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement).

Not stated here

  • The Privacy Statement is linked but not supplied, so the protection it describes is not stated here.

Use & Processing · Company practice

If you have had a bone marrow or stem cell transplant, Ancestry recommends not taking the AncestryDNA test

The Terms note that a sample from someone who has had a bone marrow or stem cell transplant may contain both their own and their donor’s DNA, which can lead to a failed test or results based on the donor’s DNA. Ancestry therefore recommends that such people do not take the AncestryDNA test, and asks anyone who already took it to contact Ancestry for further assistance.

Supporting quotations

1.4.5 Note to Users who have received a bone marrow or stem cell transplant
the sample you provide may contain cells with your DNA as well as cells with your donor’s DNA
the combination of DNA sources can result in a failed test or results that are based on your donor’s DNA
we recommend that those who have received a bone marrow or stem cell transplant do not take the AncestryDNA test. If you have already taken the test, please contact us for further assistance.

Qualifications & exceptions

  • This is a recommendation, not a prohibition.

Not stated here

  • The text does not say what assistance Ancestry offers after contact.

Content & IP Rights · Restriction or exception

Ancestry Content may be used only under these Terms; Web Records follow their hosts’ terms

“Ancestry Content” means the photos, videos, documents, records, indexes of content and other content Ancestry provides to you, which may vary depending on your subscription and location. Except for Web Records, which are governed by the terms of the third parties that host them, all Ancestry Content may be used only in accordance with the Terms, including Ancestry Content that may also be in the public domain (“Public Domain Content”).

Supporting quotations

2. Ancestry Content
The Services contain photos, videos, documents, records, indexes of content, and other content provided to you by Ancestry (“Ancestry Content”) that may vary depending on your subscription and location.
Except for Web Records, which are governed by the terms of the third-parties that host the records, all Ancestry Content may be used only in accordance with these Terms, including Ancestry Content that may also be in the public domain (“Public Domain Content”).

Not stated here

  • The terms of third parties that host Web Records are not supplied.

Content & IP Rights · Company practice

Ancestry and its licensors keep ownership of the Services and their component parts

Elements of the Services created by or for Ancestry, or whose copyright has been assigned or licensed to it, are protected by copyright around the world. The Services also include Ancestry-owned trademarks, and all use of those trademarks and resulting goodwill benefits Ancestry; the Services and associated products are also protected by patents in the US and other countries. Ancestry and its licensors retain ownership and all rights in exploiting the Services and their component parts.

Supporting quotations

2.1 Intellectual Property Rights to Ancestry Content
All elements of the Services that are created by us or under our direction, or where the copyright has been assigned or licensed to us, are subject to country-specific copyright protections around the world and international conventions.
All uses of our trademarks and any goodwill resulting therefrom will inure to our benefit.
We and our licensors retain ownership and all rights in the exploitation of the Services and its component parts.

Not stated here

  • The linked Copyright Policy, trademark and patent pages are not supplied.

Content & IP Rights · Restriction or exception

Ancestry Content is for personal or professional family history research, and downloads are limited

When accessing Ancestry Content you agree to use it only in connection with your personal use of the Services or professional family history research, and to download it only in connection with your family or professional family history research or where Ancestry expressly permits.

Supporting quotations

2.2 Your Use of Ancestry Content
When accessing Ancestry Content you agree:
To use Ancestry Content only in connection with your personal use of the Services or professional family history research
To download Ancestry Content only in connection with your family or your professional family history research or where expressly permitted by Ancestry

Content & IP Rights · Restriction or exception

Do not remove proprietary notices or use significant portions of Ancestry Content outside the Services

You agree not to remove any copyright or other proprietary notices from Ancestry Content, and not to use significant portions of Ancestry Content outside the Services or in a manner inconsistent with your subscription.

Supporting quotations

When accessing Ancestry Content you agree:
Not to remove any copyright or other proprietary notices on any Ancestry Content
Not to use significant portions of Ancestry Content outside the Services, or in a manner inconsistent with your subscription

Content & IP Rights · Restriction or exception

Using more than a small number of Public Domain photos or documents needs Ancestry’s written permission

You agree to contact Ancestry to obtain written permission before using more than a small number of photos and documents that are Public Domain Content, which the Terms define as Ancestry Content that may also be in the public domain.

Supporting quotations

When accessing Ancestry Content you agree:
To contact us to obtain written permission to use more than a small number of photos and documents that are Public Domain Content.
including Ancestry Content that may also be in the public domain (“Public Domain Content”)

Not stated here

  • “A small number” is not quantified.

Inference & Profiling · Company practice

Ancestry runs recommender systems that filter content and suggest records

Ancestry operates recommender systems that filter Ancestry, Newspapers.com and user content to enhance the user experience and suggest content that may be relevant to you. Ancestry Hints suggests records that may relate to individuals a user has included in their family tree and lets the user choose whether to save a record to the tree. Search on Newspapers.com and Ancestry lets a user search across record collections. Newspapers.com may provide content based on your references and interactions.

Supporting quotations

2.3 Recommender Systems
Ancestry operates certain recommender systems, that filter Ancestry, Newspapers.com, and user content to enhance your user experience and suggest content that may be relevant to you.
Ancestry Hints operates to suggest records that may relate to individuals a user has included in their Ancestry family tree and allows a user the option to save this record to their family tree.
Newspapers.com may provide you content based on your references and interactions.

Not stated here

  • The text does not describe which data feeds the recommendations beyond “references and interactions” on Newspapers.com.

Use & Processing · Company practice

Personalized advertising applies to some Services only if you have consented

If you have consented, some of the Services provide personalized advertising based on data Ancestry collects, as explained in its Privacy Statement.

Supporting quotations

If you have consented, some of our Services provide personalized advertising based on data we collect as explained in our [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement).

Qualifications & exceptions

  • Applies to “some” Services, and the text conditions it on consent.

Not stated here

  • Which Services and what data are involved is not stated here; the Privacy Statement is linked but not supplied.

Content & IP Rights · Context

“Your Content” covers trees, memories, annotations, messages and feedback you contribute

Certain Services let you contribute content. “Your Content” includes family trees; family memories such as photos, audio or video recordings and stories; record annotations, comments, messages and input to interactive tools; and feedback you give Ancestry about the Services. Your Content that contains Personal Information is treated in accordance with Ancestry’s Privacy Statement.

Supporting quotations

3. Your Content
Certain Services may allow you to contribute content, including but not limited to: (i) family trees; (ii) family memories such as photos, audio/video recordings, and stories; (iii) record annotations, comments, messages, and input to interactive tools; and (iv) feedback provided to Ancestry about the Services (“Your Content”).
Your Content that contains Personal Information will be treated in accordance with our [Privacy Statement](https://www.ancestry.com/c/legal/privacystatement).

Qualifications & exceptions

  • The list is introduced with “including but not limited to”, so it is not exhaustive.

Not stated here

  • The Privacy Statement is linked but not supplied, so how Personal Information in Your Content is handled is not stated here.

Content & IP Rights · User right or choice

Ancestry does not claim ownership of Your Content, and you can delete it or your account

Ancestry says it does not claim any ownership rights to Your Content, does not control how you choose to share it within the Services, and does not limit how you share it outside Ancestry’s Services. You can delete Your Content by following the instructions in the Services or by deleting your account in Account Settings. This ownership statement sits alongside the license you grant Ancestry in Section 3.2 and the feedback rule in the same subsection.

Supporting quotations

3.1 You Control Your Content
Ancestry does not claim any ownership rights to Your Content, control how you choose to share Your Content within the Services, or limit how you share Your Content outside of Ancestry’s Services.
You can delete Your Content either by following instructions provided within the Services or by logging into your Account Settings and deleting your Account.

Qualifications & exceptions

  • Deleting does not end the license to the extent Your Content was shared with others who used it, and Ancestry keeps indexes and compilations (see the license cards).

Content & IP Rights · Permission or license

Feedback, record annotations and suggestions are non-confidential and Ancestry may use them freely

If you submit feedback, record annotations or suggestions about Ancestry or the Services, you acknowledge they are deemed non-confidential and non-proprietary, and Ancestry may use them for any purpose without any obligation or compensation to you.

Supporting quotations

However, if you submit feedback, record annotations, or suggestions about Ancestry or our Services, you acknowledge that it is deemed to be non-confidential and non-proprietary and we may use your feedback, record annotations, or suggestions for any purpose without any obligation or compensation to you.

Content & IP Rights · Permission or license

You grant Ancestry a broad license to Your Content, within your privacy and sharing settings

By submitting Your Content you grant Ancestry a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, provide access to, create derivative works of, and otherwise use Your Content to provide, promote or improve the Services, consistent with your privacy and sharing settings. You can end Ancestry’s license by deleting Your Content, except to the extent you shared it with others and they have used it.

Supporting quotations

3.2 Use of Your Content
By submitting Your Content, you grant Ancestry a non-exclusive, sub-licensable, worldwide, royalty-free license to host, store, index, copy, publish, distribute, provide access to, create derivative works of, and otherwise use Your Content to provide, promote, or improve the Services, consistent with your privacy and sharing settings.
You can terminate Ancestry’s license by deleting Your Content, except to the extent you shared Your Content with others and they have used Your Content.

Qualifications & exceptions

  • The license is limited by the stated purposes (provide, promote or improve the Services) and by your privacy and sharing settings.

Not stated here

  • The settings that apply are not described in this source.

Retention & Deletion · Permission or license

Ancestry owns indexes and compilations that include Your Content and may keep using them after deletion

You agree that Ancestry owns any indexes and compilations that include Your Content and may use them after Your Content is deleted.

Supporting quotations

You also agree that Ancestry owns any indexes and compilations that include Your Content and may use them after Your Content is deleted.

Not stated here

  • The text does not define what counts as an index or compilation.

Legal Rights & Agreement Rules · Restriction or exception

You confirm you have rights to Your Content and that it follows the law and Community Guidelines

You are responsible for the decision to create, upload, post or share Your Content. By contributing or accessing it you agree that you have all the necessary legal rights to upload, post or share it, that it does not violate any applicable laws, and that it will comply with the Community Guidelines.

Supporting quotations

3.3 Your Responsibilities for Your Content
You are responsible for the decision to create, upload, post, or share Your Content.
By contributing or accessing Your Content you agree:
You have all the necessary legal rights to upload, post, or share Your Content
Your Content does not violate any applicable laws
All Your Content will comply with the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines)

Not stated here

  • The Community Guidelines are linked but not supplied.

Sharing & Disclosure · Company practice

Others may use Your Content you share publicly, and Ancestry need not remove it once public

If you share Your Content publicly, other users may access and use it as part of, or in conjunction with, the Services. Ancestry states it is not required to remove any of Your Content once it has been publicly shared.

Supporting quotations

By contributing or accessing Your Content you agree:
If you share Your Content publicly, other users may access and use Your Content as part of, or in conjunction with, the Services. We are not required to remove any of Your Content once it has been publicly shared.

Qualifications & exceptions

  • Other provisions allow Ancestry to remove content that is illegal or violates the Terms, and require removal under a valid court order or applicable law (see the review and removal card).

Content & IP Rights · Restriction or exception

Other users’ content may be used only within Ancestry Services and in line with the Terms

You agree to use other users’ content only within Ancestry Services and in compliance with the Terms and the other policies they incorporate by reference.

Supporting quotations

By contributing or accessing Your Content you agree:
You will use other Users’ content only within Ancestry Services and in compliance with these Terms and the other policies incorporated by reference

Use & Processing · Permission or license

Ancestry may review and screen Your Content and remove or disable access to illegal or rule-breaking content

Ancestry reserves the right to review Your Content and screen for illegal content or other violations of the Terms, including the Community Guidelines, and to remove or disable access to illegal content or content it believes violates the Terms. It will also remove Your Content in response to a valid court order or as required by applicable law.

Supporting quotations

By contributing or accessing Your Content you agree:
Ancestry reserves the right to review Your Content and to screen for illegal content or other violations of these Terms, including the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines), and to remove or disable access to illegal content or Your Content that we believe violates these Terms.
We will also remove Your Content in response to a valid court order or as required by applicable law

Not stated here

  • The procedure for assessing and removing content is referenced but not included in this source.

Account & Service Control · Restriction or exception

Serious or repeat violations will lead to account suspension or termination

The Terms state that serious or repeat violations or offenses will subject you to account suspension or termination. They refer to a separate Ancestry procedure for assessing and removing content.

Supporting quotations

By contributing or accessing Your Content you agree:
Serious or repeat violations or offenses will subject you to account suspension or termination.
Ancestry’s procedure for assessing and removing content is set out here.

Not stated here

  • The referenced procedure is not included in this source (the reference appears as plain text without a usable link).

Legal Rights & Agreement Rules · User right or choice

EU users: reasoned decisions on reported content and an appeal route under the Digital Services Act

For users based in the EU, consistent with its obligations under the EU Digital Services Act, Ancestry says it will also: inform any user who reported content or alleged behavior that violates the Terms of its reasoned decision; where relevant, notify any user against whom action was taken of its reasoned decision; and review an appeal or petition for redress from any EU resident affected by its decision.

Supporting quotations

For users based in the EU, consistent with our obligations under the EU Digital Services Act, Ancestry will also:
Inform any user who has reported content or alleged behavior that violates our Terms of our reasoned decision
Where relevant, notify any user against whom action was taken our reasoned decision
Review an appeal or petition for redress from any EU resident affected by Ancestry’s decision.

Qualifications & exceptions

  • Scope: users based in the EU (the appeal item refers to any EU resident affected by the decision).

Not stated here

  • How to contact Ancestry for an appeal is a link not supplied here.

Account & Service Control · Permission or license

Ancestry may limit, suspend or terminate access if you breach the Terms, and must give reasons

Ancestry reserves the right to limit, suspend or terminate your access to the Services if you breach the Terms, including the Community Guidelines. If it does, it will give you the reason for its decision; if the decision is based on the illegality of Your Content, it will also explain why it believes the content is illegal. If applicable laws where you live require additional notice or process, it says it will provide it. For UK users, the Terms separately give a right to bring a claim for breach of contract if content you generate, upload or share is taken down, or access to it is restricted, or your access (including any ban) is suspended, in breach of the Terms.

Supporting quotations

4. Termination or Suspension of Your Account
We reserve the right to limit, suspend, or terminate your access to the Services if you breach these Terms, including the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines). If we exercise those rights, we will provide you with the reason for our decision.
If a decision is based on the illegality of Your Content, we will also explain why we believe it is illegal. If applicable laws where you live require additional notice or process, we will provide such notice and process to you.
If you are a UK user, you have a right to bring a claim for breach of contract in respect of these Terms in the event that (i) content which you generate, upload or share on the Services is taken down, or access to it is restricted, in breach of these Terms or (ii) your access is suspended (including any ban imposed on your use of the Services) in breach of these Terms.

Qualifications & exceptions

  • The UK claim right is stated for UK users only, in the section on customers outside the United States.

Not stated here

  • The Community Guidelines are linked but not supplied.

Charges & Financial Obligations · Restriction or exception

No refund of subscription fees or DNA kit price if you lose access because of your breach

Unless applicable law requires otherwise, Ancestry will not refund subscription fees or the purchase price of a DNA test kit where you lose access to the Services because of your breach of the Terms, including the Community Guidelines.

Supporting quotations

Unless otherwise required by applicable law we will not refund subscription fees or the purchase price of a DNA test kit where you lose access to the Services because of your breach of the Terms, including the [Community Guidelines](https://www.ancestry.com/c/legal/community-guidelines).

Qualifications & exceptions

  • Subject to refunds that applicable law requires.

Charges & Financial Obligations · Company commitment

If Ancestry breaches and cannot cure within 30 days, a subscriber who terminates gets a prorated refund of pre-paid fees

If you have a subscription and terminate your account based on Ancestry’s breach of the Terms, and after you give Ancestry a 30-day cure period it is unable to cure, Ancestry will refund any pre-paid fees to you on a prorated basis.

Supporting quotations

If you have a subscription and terminate your account based on our breach of these Terms, and after providing us with a 30-day cure period during which we are unable to cure, we will refund any pre-paid fees on a prorated basis to you.

Qualifications & exceptions

  • Applies to subscribers who terminate because of Ancestry’s breach after a 30-day cure period.

Not stated here

  • The text does not say how the cure period is requested or what counts as a cure.

Charges & Financial Obligations · Context

Purchases and subscriptions are governed by the separate Renewal and Cancellation Terms

Your purchases of and subscriptions to any of the Services are subject to the Renewal and Cancellation Terms, a separate linked document. The Terms themselves do not set renewal, cancellation or billing rules.

Supporting quotations

5. Renewals and Cancellations for Ancestry Services
Your purchase(s) of and subscription(s) to any of the Services are subject to the [Renewal and Cancellation Terms](https://www.ancestry.com/c/legal/renewal-cancellation-terms).

Not stated here

  • The Renewal and Cancellation Terms are not supplied in this source, so renewal, cancellation and billing rules are not explained here.

Legal Rights & Agreement Rules · Restriction or exception

The Services and Ancestry Content are provided “AS-IS”, with warranties disclaimed

Ancestry provides the Services and the Ancestry Content on an “AS-IS” basis, meaning without any guarantee or warranty, and to the maximum extent permitted by law disclaims all express or implied warranties, including implied warranties of non-infringement, merchantability and fitness for a particular purpose. It makes no promises about the Ancestry Content, Your Content, the specific functionality of the Services, the quality, accuracy, reliability or availability of the Ancestry Content or Services, or freedom from viruses or other harmful components. This section is expressly subject to Section 10.2.1: a European Union or United Kingdom consumer benefits from any mandatory provisions of the law of their country of residence and nothing in the Terms affects their right to rely on them. Section 10.2.2 says the same for consumers in other countries outside the United States, European Union and United Kingdom.

Supporting quotations

6. No Guarantees or Warranties
Subject to Section 10.2.1, we provide the Services and the Ancestry Content to you on an “AS-IS” basis, meaning without any guarantee or warranty. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
We do not make any promises about (a) the Ancestry Content, (b) Your Content, (c) the specific functionality of the Services, (d) the quality, accuracy, reliability, or availability of the Ancestry Content or Services, or (e) that the Services will be free from viruses or other harmful components.
10.2.1 European Union, UK Consumers
If you are a European Union or United Kingdom consumer you will benefit from any mandatory provisions of the law of the country in which you are resident and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.
If you are a consumer accessing the Services in a country other than the United States, European Union or United Kingdom you may benefit from any mandatory provisions of the law of the country in which you are resident and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.

Qualifications & exceptions

  • The consumer protections are stated for EU/UK consumers (Section 10.2.1) and for consumers outside the US, EU and UK (Section 10.2.2); the text does not describe a similar carve-out for US consumers beyond “to the maximum extent permitted by law”.

Not stated here

  • The content of any mandatory local law is not stated in the Terms.

Account & Service Control · Permission or license

Ancestry may run experiments and add or remove features; EU/UK consumers get as much notice as reasonably feasible

Ancestry frequently runs experiments and tests new features that may not be available to everyone, makes no promises that experiments or new features will remain available or be expanded, and may add or remove functionality or features, or adjust what services are available based on your account type. The Terms point to Section 10 and the Renewal and Cancellation Terms for more about your rights. For European Union and United Kingdom consumers, Section 10.2.1 adds that Ancestry will give as much notice as reasonably feasible of any removal, suspension or stopping of a Service or of any functionality or features.

Supporting quotations

Ancestry frequently runs experiments and tests new features that may not be available to everyone. Ancestry makes no promises that experiments or new features will remain available or be expanded. Ancestry may add or remove functionality or features from the Services, or adjust what services are available based on your account type.
For more information about your rights, please review Section 10 and the [Renewal and Cancellation Terms](https://www.ancestry.com/c/legal/renewal-cancellation-terms).
10.2.1 European Union, UK Consumers
We will give you as much notice as reasonably feasible of any removal or suspension or stopping of a Service or of any functionality or features.

Qualifications & exceptions

  • The notice commitment is stated for EU and UK consumers only; the text gives no equivalent notice commitment to other users in this provision.

Not stated here

  • The Renewal and Cancellation Terms are linked but not supplied.

Legal Rights & Agreement Rules · Restriction or exception

Ancestry’s liability is limited to the fullest extent allowed by law

By using the Services you agree that Ancestry’s liability is limited to the fullest extent allowed by law, and that Ancestry will not be liable for unintentional damage, actual, incidental or consequential damage, or any loss or claim of any kind. If you live in a jurisdiction that does not allow Ancestry to broadly limit its liability, some of these limitations may not apply to you. For consumers, the Terms also say that nothing in the agreement affects a European Union or United Kingdom consumer’s right to rely on mandatory local consumer law (Section 10.2.1), and the same for consumers elsewhere outside the United States, European Union and United Kingdom (Section 10.2.2).

Supporting quotations

7. Ancestry’s Limited Liability
By using the Services, you agree that Ancestry’s liability is limited to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind.
If you live in a jurisdiction that does not allow us to broadly limit our liability, some of these limitations may not apply to you.
If you are a European Union or United Kingdom consumer you will benefit from any mandatory provisions of the law of the country in which you are resident and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.
If you are a consumer accessing the Services in a country other than the United States, European Union or United Kingdom you may benefit from any mandatory provisions of the law of the country in which you are resident and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.

Not stated here

  • Which jurisdictions restrict such limits, and how, is not stated in the Terms.

Charges & Financial Obligations · Restriction or exception

Your sole remedy is to stop using the Services; total liability is capped at what you paid in the prior 12 months

If you are dissatisfied with any portion of the Services or any statement in the Terms, your sole remedy is to stop using the Services and, for subscription Services, cancel your subscription. Ancestry’s total liability in any matter related to the Services or the Terms is limited to the aggregate amount you paid Ancestry during the 12-month period before the event giving rise to the liability. The Terms add that this limitation of liability applies fully to residents of New Jersey. Section 7’s first paragraph says some limitations may not apply where a jurisdiction does not allow them.

Supporting quotations

If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described [here](https://www.ancestry.com/c/legal/renewal-cancellation-terms).
Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid to us during the 12-month period preceding the event giving rise to the liability.
This limitation of liability applies fully to residents of New Jersey.
If you live in a jurisdiction that does not allow us to broadly limit our liability, some of these limitations may not apply to you.
If you are a European Union or United Kingdom consumer you will benefit from any mandatory provisions of the law of the country in which you are resident and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.

Qualifications & exceptions

  • For European Union and United Kingdom consumers, nothing in the Terms affects their right to rely on mandatory local consumer law (Section 10.2.1).

Not stated here

  • The cap is the amount paid in the 12 months before the event; the text does not say what it is for users who paid nothing.

Legal Rights & Agreement Rules · Restriction or exception

You agree to indemnify Ancestry and related parties for claims from your use, violations or Your Content

You agree to indemnify and hold harmless Ancestry, its affiliates and subsidiaries and their respective officers, directors, employees, agents, successors and assigns (the “Ancestry Parties”) from claims, damages or other expenses, including attorney’s fees, that result from your use of the Services and (a) your violation of the Terms or the documents or policies they incorporate, (b) your violation of another person’s rights, or (c) any claim related to Your Content, including a claim that Your Content caused damage to another person. This obligation continues after you stop using the Services.

Supporting quotations

8. Your Indemnity
You agree that you will indemnify and hold Ancestry, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the “Ancestry Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents or policies incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to Your Content, including a claim that Your Content caused damage to another person.
This indemnification obligation will continue after you stop using the Services.

Legal Rights & Agreement Rules · Restriction or exception

You release the Ancestry Parties from claims connected to Your Content

In addition to the indemnity, you release the Ancestry Parties from all claims, demands, actions or suits in connection with Your Content, including any liability related to Ancestry’s use or non-use of Your Content and claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss.

Supporting quotations

In addition, you release the Ancestry Parties from all claims, demands, actions, or suits in connection with Your Content, including any liability related to our use or non-use of Your Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.

Legal Rights & Agreement Rules · Restriction or exception

Links to third-party sites are not endorsements, and Ancestry gives no warranty about them

The Services may link to websites run by third parties. Ancestry says that does not mean it sponsors, endorses, approves or takes responsibility for them, and it does not warrant any offers or make any guarantees about third-party sites, their content, products or services. You are told to read the terms and privacy documentation for third-party sites carefully because they may differ substantially from Ancestry’s.

Supporting quotations

9. Services Offered by Other Companies
Our Services may contain links to websites operated by third-parties but that does not constitute sponsorship, endorsement, approval, or responsibility. Ancestry does not warrant any offers or make any guarantees about third-party sites, their content, products, or services.
Please read the terms and conditions and privacy documentation for all third-party sites carefully, as they may differ substantially from Ancestry.

Legal Rights & Agreement Rules · Procedure

Before a dispute goes further, you agree to first try to resolve it informally by contacting Ancestry

Section 10 begins by saying Ancestry wants to resolve disputes quickly and cost-effectively. If you have any concern or dispute about the Services, you agree to first try to resolve it informally by contacting Ancestry. This general statement comes before the separate United States and outside-United-States provisions; the US process also has a written pre-arbitration notice step, explained on its own card.

Supporting quotations

10. Dispute Resolution, Arbitration and Class Action Waiver
If a dispute arises between you and Ancestry, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us.

Not stated here

  • The text does not say how to contact Ancestry for informal resolution or how long that step lasts.

Legal Rights & Agreement Rules · Restriction or exception

US customers: disputes go to final, binding arbitration, with three exceptions

For customers in the United States, any dispute between you and Ancestry will be resolved through final and binding arbitration under the terms of the agreement, with three exceptions: a small-claims option, court suits in Utah for patent or copyright infringement claims, and bringing a claim to the attention of a government agency. The section opens with a notice that it affects your legal rights, including your right to file any lawsuit in court. Arbitration is administered by JAMS (with a different process for coordinated mass claims), a party must first give 60 days’ written notice before starting arbitration, and the Class Action Waiver bars class or representative actions.

Supporting quotations

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE ANY LAWSUIT IN COURT.
10.1 For Customers In the United States
Any dispute between us will be resolved through final and binding arbitration in accordance with the terms of this agreement, with the following three exceptions:
Other than as set forth in section 10.1.4 below, arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules
the party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating the arbitration
10.1.5 No Class Actions
The parties each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, or representative action.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1); customers outside the United States are covered by Section 10.2.
  • Exceptions: small-claims option, Utah court suits only for patent or copyright infringement, and bringing a claim to the attention of a relevant agency (each explained on its own card).

Not stated here

  • The text does not define who is a “customer in the United States” beyond the heading.

Legal Rights & Agreement Rules · Restriction or exception

“Dispute” is defined as broadly as legally permissible and covers related persons and Ancestry affiliates

For the US arbitration provisions, “dispute” is intended to be as broad as legally permissible. It covers all disputes between you and any other person on whose behalf you have interacted with Ancestry, on one side, and Ancestry, including its parents, subsidiaries, predecessors, successors, assigns or affiliates, on the other, that arise out of or relate in any way to the Terms, the arbitration agreement, or your interactions or relationship with Ancestry.

Supporting quotations

10.1 For Customers In the United States
As used in this agreement, the term “dispute” is intended to be as broad as legally permissible and includes, but is not limited to, all disputes between you and any other person on whose behalf you have interacted with Ancestry, on the one hand, and Ancestry, including any of its parents, subsidiaries, predecessors, successors, assigns, or affiliates, on the other, that arise out of or relate in any way to the Terms, this arbitration agreement, or your interactions or relationship with Ancestry.

Qualifications & exceptions

  • Stated within the section for customers in the United States.

Legal Rights & Agreement Rules · Restriction or exception

If you use Ancestry for a minor or person in your guardianship, you agree to arbitration on their behalf

If you have used or will use Ancestry’s Services, or otherwise interact with Ancestry, on behalf of a minor or another individual for whom you are the parent or legal guardian, you agree on that person’s behalf that disputes arising out of or relating to that use or interaction are subject to arbitration and the other agreements in the section, including the Class Action Waiver. You also represent that you have the authority to enter into that agreement on their behalf.

Supporting quotations

10.1 For Customers In the United States
Further, if you have or will use Ancestry’s Services or otherwise interact with Ancestry on behalf of a minor or other individual for whom you are the parent or legal guardian, you agree, on the minor’s or other person’s behalf, that any dispute arising out of or relating to such use of Ancestry’s Services or other interaction with Ancestry shall be subject to arbitration, as set forth herein, and subject to the other agreements set forth herein (including, but not limited to, the Class Action Waiver); you further represent that you have the authority to enter such agreement on the minor’s or other person’s behalf.

Qualifications & exceptions

  • Stated within the section for customers in the United States.

Legal Rights & Agreement Rules · User right or choice

Either side may choose small-claims court for a qualifying dispute, until the arbitrator is appointed

For customers in the United States, each party has the option to resolve a dispute in the small claims court with jurisdiction over your place of residence, if the dispute qualifies. If the claims in an arbitration request or demand could have been brought in small claims court, any party may choose to have them heard there instead of in arbitration, at any time before the arbitrator is appointed, by notifying the other party in writing. The small-claims route does not allow class, representative or consolidated actions.

Supporting quotations

10.1 For Customers In the United States
Each party to this agreement shall have the option to resolve any dispute, if it qualifies, in the small claims court with jurisdiction over your place of residence.
If the claims in any request or demand for arbitration could have been brought in small claims court, then any party may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party (or parties) of that choice in writing.
in no way will this provision allow for an action to be brought on a class, representative, or consolidated basis

Qualifications & exceptions

  • Available only to disputes that qualify for small claims court.

Legal Rights & Agreement Rules · Restriction or exception

Mixed money and injunction claims split between small claims and arbitration

If a dispute involves claims for both monetary relief and equitable or injunctive relief, and the small claims court will not resolve the equitable or injunctive claims, each party has the option to resolve the monetary claims in small claims court, while any claim for equitable or injunctive relief is resolved in arbitration. If the small-claims provision or its limitation on bringing actions to small claims court is found invalid, that provision is severed and the matter proceeds in arbitration.

Supporting quotations

10.1 For Customers In the United States
If any dispute involves claims for both (1) monetary damages or relief and (2) equitable or injunctive relief, to the extent the small claims court with jurisdiction will not resolve claims for equitable or injunctive relief, each party shall have the option to resolve the claims for monetary relief or damages in small claims court, and any claim for equitable or injunctive relief shall be resolved in arbitration pursuant to this agreement.
If this provision or the limitation on bringing actions to small claims court is found to be invalid, then this provision shall be severable and the matter will proceed in arbitration

Qualifications & exceptions

  • Stated within the section for customers in the United States.

Legal Rights & Agreement Rules · User right or choice

You may bring a claim to the attention of a government agency that may seek relief against Ancestry

One exception to US arbitration is that, if it qualifies, you may bring a claim to the attention of a relevant federal, state or local agency that may seek relief against Ancestry on your behalf.

Supporting quotations

10.1 For Customers In the United States
If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

Qualifications & exceptions

  • Stated within the section for customers in the United States.

Not stated here

  • The text does not say which claims “qualify”.

Legal Rights & Agreement Rules · Restriction or exception

The Federal Arbitration Act governs the US arbitration provisions, not another jurisdiction’s procedural law

You and Ancestry agree that the Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions. The arbitration agreement and any controversy or claim about it or its breach are governed by the Act’s substantive and procedural provisions, and the parties agree that the substantive or procedural provisions of another jurisdiction are not applied to interpreting or enforcing the arbitration agreement.

Supporting quotations

10.1 For Customers In the United States
You and Ancestry agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
10.1.1 FAA Applies
This arbitration agreement and any controversy or claim arising out of or related to this arbitration agreement or the breach of any provision thereof shall be governed by the substantive and procedural provisions of the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
the substantive or procedural provisions of another jurisdiction shall not be applied to the interpretation or enforcement of this arbitration agreement or any dispute or controversy relating to the interpretation or enforcement of this arbitration agreement

Qualifications & exceptions

  • Stated within the section for customers in the United States.

Legal Rights & Agreement Rules · Procedure

US: you must give 60 days’ written notice with claim details before starting arbitration

For customers in the United States, a party who intends to seek arbitration must first notify the other party of the dispute in writing at least 60 days before starting the arbitration, and any applicable limitations period is tolled during those 60 days. Notice to Ancestry goes to its Legal Department in Draper, Utah; notice to you is sent using the contact information on file with Ancestry or, if that is missing or out of date, by personal service. The notice must include enough information to identify your account (including the name and email address used) and to assess and try to resolve the claim: a description of the claim, the supporting facts, the damages sought and the relief sought. Neither party may start an arbitration without first providing that information. If the dispute is not resolved within 60 days, either party may then file a demand for arbitration. A dispute over whether the notice is sufficient must be decided by a court of competent jurisdiction before any demand for arbitration is filed.

Supporting quotations

10.1 For Customers In the United States
10.1.2 Pre-Arbitration Dispute Resolution
If any party intends to seek arbitration under this agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating the arbitration. Any applicable limitations period shall be tolled during this 60-day period.
Notice to Ancestry should be sent to Ancestry at Ancestry Legal Department, 42 Future Way, Suite 400, Draper, UT 84020. Notice to you will be provided using the contact information you have on file with Ancestry or, if such information is not available or is not up to date, through personal service.
The notice provided by either party must include enough information to allow the receiving party to identify your account (including the name and email address used for the account) as well as to assess and attempt to resolve the claim, including a description of the claim, the specific supporting facts for the claim, the damages sought, and the relief sought.
Neither party may initiate an arbitration unless the party first provides the information described above. To the extent there is a dispute with respect to the sufficiency of this notice, this issue must be decided by a court of competent jurisdiction prior to the filing of any demand for arbitration. If a party provides this information and the dispute is not resolved within 60 days, either party may then proceed to file a demand for arbitration.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1).

Legal Rights & Agreement Rules · Procedure

US arbitration runs through JAMS, individually before one arbitrator, with desk arbitration for smaller claims

For customers in the United States, arbitration is conducted by JAMS under its Streamlined Arbitration Procedure Rules for claims not exceeding $250,000 and its Comprehensive Arbitration Rules and Procedures for claims over $250,000, as in effect when the arbitration starts, excluding any rules or procedures governing or permitting class actions. Each arbitration proceeds individually before a single arbitrator and is not consolidated with anyone else’s claims. Where no disclosed claim or counterclaim exceeds $25,000 (excluding any claim for attorneys’ fees), the dispute is decided on documents only (desk arbitration) unless the arbitrator finds good cause for a live hearing. Either party may file dispositive motions, which the arbitrator decides under the standards of the Federal Rules of Civil Procedure. Two qualifications: coordinated mass claims (25 or more individuals with the same or coordinated counsel) proceed before the American Arbitration Association instead, under the separate Section 10.1.4 process, and claims that could have been brought in small claims court may be moved there before the arbitrator is appointed.

Supporting quotations

10.1 For Customers In the United States
10.1.3 Arbitration Rules
Other than as set forth in section 10.1.4 below, arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.
Any arbitration conducted in JAMS shall proceed individually before a single arbitrator and shall not be consolidated with any other individual’s claims.
Where no disclosed claims or counterclaims exceed $25,000 (excluding any claim for attorneys’ fees), the dispute shall be resolved by the submission of documents only/desk arbitration unless the arbitrator finds good cause for a live hearing.
Either party may file dispositive motions in arbitration, including without limitation a motion to dismiss and/or a motion for summary judgment, and the arbitrator will apply the standards governing such motions under the Federal Rules of Civil Procedure.
10.1.4 Multiple Claims
If 25 or more individuals initiate notices of dispute with Ancestry raising similar claims
all such claims shall not proceed before JAMS under the JAMS rules and shall instead proceed before the American Arbitration Association (“AAA”) as set forth below
If the claims in any request or demand for arbitration could have been brought in small claims court, then any party may choose to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1).
  • The mass-claims trigger (Section 10.1.4) applies only if counsel for the individuals is the same or coordinated, to the extent the claims proceed in arbitration.

Legal Rights & Agreement Rules · Restriction or exception

The arbitrator, not a court, decides arbitrability; the award is binding and can be entered as a judgment

For customers in the United States, the arbitrator, and not any federal, state or local court or agency, has exclusive authority to resolve all disputes about the interpretation, applicability, enforceability or formation of the arbitration agreement, the Terms or the Privacy Statement. That includes claims that all or part of the Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, and whether a party waived arbitration through litigation conduct. The arbitrator may grant whatever relief a court could grant in law or equity, and the written award is binding on the parties and may be entered as a judgment in any court of competent jurisdiction. There are stated limits: a court decides disputes over whether the pre-arbitration notice is sufficient, and a court may enforce the Section 10.1.4 multiple-claims procedure and enjoin mass filings of arbitration demands.

Supporting quotations

10.1 For Customers In the United States
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, the Terms or the Privacy Statement, including but not limited to any claim that all or any part of the Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
To the extent there is a dispute with respect to the sufficiency of this notice, this issue must be decided by a court of competent jurisdiction prior to the filing of any demand for arbitration.
A court of competent jurisdiction shall have authority to enforce this section 10.1.4 and, if necessary, to enjoin the mass filing of arbitration demands against Ancestry to the extent either party fails to comply with the procedures set forth in this section 10.1.4.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1).

Not stated here

  • The text does not say how the court-versus-arbitrator boundaries are resolved if they conflict.

Legal Rights & Agreement Rules · Procedure

US: how to start an arbitration, where it may be held, and consent to Salt Lake City courts

To start an arbitration, a customer in the United States must write a Demand for Arbitration describing the claim and the damages sought, send three copies plus the appropriate filing fee to JAMS in San Francisco, and send one copy to the Ancestry Legal Department in Draper, Utah. The arbitration may take place in the state where you reside at the time of filing. You and Ancestry also agree to submit to the personal jurisdiction of any federal or state court in Salt Lake City, Utah, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the arbitrator’s award.

Supporting quotations

10.1 For Customers In the United States
To start an arbitration under this section 10.1.3, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Ancestry at Ancestry Legal Department, 42 Future Way, Suite 400, Draper, UT 84020.
Arbitration may take place in the state where you reside at the time of filing.
You and Ancestry further agree to submit to the personal jurisdiction of any federal or state court in Salt Lake City, Utah in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1); a pre-arbitration written notice step comes first (see that card).

Not stated here

  • The filing fee amount is addressed in the fees paragraph of this section (separate card).

Legal Rights & Agreement Rules · Procedure

US: the parties pick the arbitrator by agreement, otherwise by alternating strikes from JAMS lists

For customers in the United States, the parties select the arbitrator by mutual agreement. If they cannot agree, JAMS gives each party a list of nine arbitrators from its panel. Each party has ten calendar days to strike names it finds unacceptable. If one common name remains, that person is the arbitrator; if more than one remains, the parties alternate striking by JAMS-administered telephone conference, with the claimant striking first, until one remains. If no common name remains, JAMS furnishes another list of nine and the alternating strikes repeat, and if the selected person cannot serve, JAMS issues another list and the process repeats.

Supporting quotations

10.1 For Customers In the United States
The parties shall select the arbitrator by mutual agreement. If the parties are unable to mutually select an arbitrator, the arbitrator shall be selected as follows: JAMS will give each party a list of nine (9) arbitrators drawn from its panel of arbitrators. Each party will have ten (10) calendar days to strike all names on the list it deems unacceptable.
If more than one common name remains on the lists of all parties, the parties will strike names alternately from the list of common names by telephone conference administered by JAMS, with the claimant to strike first until only one remains.
If the individual selected cannot serve, JAMS will issue another list of nine (9) arbitrators and repeat the alternate striking selection process.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1).

Charges & Financial Obligations · Company commitment

US: you pay $250 (or the JAMS amount) to start; Ancestry pays other JAMS fees if the case is non-frivolous

To start an arbitration against Ancestry you are required to pay $250, or the amount otherwise required under the then-applicable JAMS rules. If the arbitrator finds the arbitration non-frivolous, Ancestry pays all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise.

Supporting quotations

10.1 For Customers In the United States
You will be required to pay $250—or the amount otherwise required under the then-applicable JAMS rules—to initiate an arbitration against us.
If the arbitrator finds the arbitration to be non-frivolous, Ancestry will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses.
You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1).
  • Ancestry’s payment of the other fees depends on the arbitrator finding the arbitration non-frivolous.

Legal Rights & Agreement Rules · Procedure

US: 25 or more coordinated similar claims go to AAA, starting with 12 bellwether arbitrations

If 25 or more individuals send Ancestry notices of dispute (under the Section 10.1.2 pre-arbitration notice) raising similar claims, and the same or coordinated counsel represents them, then to the extent those claims proceed in arbitration they go to the American Arbitration Association (AAA) under the AAA Consumer Arbitration Rules rather than to JAMS. In the first phase, 12 arbitrations proceed, each before a single arbitrator; Ancestry’s counsel and the individuals’ counsel each choose 6 cases, and each of the 12 gets a separate arbitrator from an AAA-provided list (with a 14-day strike-and-rank step if the parties cannot agree). The other individuals’ claims are not filed in AAA until these bellwether proceedings and the global mediation are complete, and any limitations period is tolled from the date of the notice of dispute until then.

Supporting quotations

10.1 For Customers In the United States
10.1.2 Pre-Arbitration Dispute Resolution
the party seeking arbitration must first notify the other party of the dispute in writing at least 60 days in advance of initiating the arbitration
Other than as set forth in section 10.1.4 below, arbitration will be conducted by JAMS
10.1.4 Multiple Claims
If 25 or more individuals initiate notices of dispute with Ancestry raising similar claims, as described in section 10.1.2 above, and if counsel for the individuals initiating those notices of dispute bringing the claims is the same or coordinated for these individuals, to the extent any such claims proceed in arbitration, all such claims shall not proceed before JAMS under the JAMS rules and shall instead proceed before the American Arbitration Association (“AAA”) as set forth below.
In the first phase, 12 arbitrations shall proceed pursuant to the AAA Consumer Arbitration Rules, each before a single arbitrator. The claims of any other individuals who have raised similar claims and who are represented by the same or coordinated counsel shall not be filed in AAA until completion of these initial bellwether proceedings and the global mediation described below.
Any applicable limitations period shall be tolled from the date of the notice of dispute described in section 10.1.2 until the completion of this bellwether process and the global mediation described below.
Counsel for Ancestry and counsel for the individuals initiating claims shall each select 6 cases to proceed first in arbitration in these individual bellwether proceedings. Each of these 12 arbitrations shall proceed before a separate arbitrator.
If the parties are unable to agree upon arbitrators from these lists, each party shall have 14 calendar days from the list transmittal date in which to strike up to two names objected to, number the remaining names in order of preference, and return the list to the AAA.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1), only where the claims are similar and the counsel is the same or coordinated.

Legal Rights & Agreement Rules · Procedure

US mass claims: a global mediation follows the 12 bellwether awards, and Ancestry pays the mediation fee

After a final written award in each of the 12 bellwether arbitrations, Ancestry and all individuals with similar claims represented by the same or coordinated counsel participate in a global mediation. The counsel mutually select a mediator, or if they cannot agree each side proposes 4 candidates (excluding anyone who served as a bellwether arbitrator) and they strike names in turn from the list of 8, starting with the individuals’ counsel, until one remains. The mediator receives reasonably anonymized versions of the 12 written awards, Ancestry pays the mediation fee, and the parties have 90 days to complete the mediation unless they mutually agree to extend it.

Supporting quotations

10.1 For Customers In the United States
After a final, written award has been rendered in each of these 12 arbitrations, Ancestry and all individuals who have raised similar claims and who are represented by the same or coordinated counsel shall participate in a global mediation.
In the event the parties are unable to agree upon a mediator, counsel for Ancestry and counsel for the individuals who have raised similar claims shall each propose 4 potential mediators—these proposals must not include any individual who served as an arbitrator in the 12 bellwether proceedings. Counsel for Ancestry and counsel for the individuals who have raised similar claims shall successively strike mediators from the list of 8, beginning with counsel for the individuals who have raised similar claims, until there is one mediator remaining who shall serve as the mediator.
The mediator shall be provided with reasonably anonymized versions of the written arbitration awards rendered in each of the 12 bellwether arbitrations. Ancestry shall pay the mediation fee. The parties shall have 90 days to complete the mediation unless the parties mutually agree to extend this period.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1), within the Section 10.1.4 multiple-claims process.

Legal Rights & Agreement Rules · Procedure

US mass claims: if mediation fails, remaining claims may go to court in Utah or individual AAA arbitration

If the global mediation does not resolve all claims, Ancestry or the individuals whose claims were not adjudicated in the bellwether proceedings can choose to proceed either in court or in individual AAA arbitration. If Ancestry chooses court, all cases proceed in court. If Ancestry chooses arbitration, each remaining individual may still choose court instead. Claims that go to court proceed in a court of competent jurisdiction in the State of Utah, and under the Class Action Waiver they may not proceed as a class or representative action; the waiver otherwise bars consolidating one individual’s disputes with another’s, except as Section 10.1.4 expressly provides.

Supporting quotations

10.1 For Customers In the United States
In the event the mediation does not resolve all claims, Ancestry or the individuals who have raised similar claims (and whose claims were not adjudicated in the initial bellwether proceedings) can choose to either proceed in court or in individual arbitration in AAA. If Ancestry chooses to go to court, all cases will proceed in court. If Ancestry chooses to proceed in arbitration, each individual who has raised similar claims (and whose claims were not adjudicated in the initial bellwether proceedings) may still choose to proceed in court instead of arbitration.
To the extent either party elects to proceed in court, these claims shall proceed in a court of competent jurisdiction in the State of Utah. Pursuant to section 10.1.5 below, any such claims that proceed in court shall not proceed as a class or representative action.
Other than as expressly set forth in section 10.1.4 above, no individual’s disputes may be consolidated with another individual’s disputes.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1), within the Section 10.1.4 multiple-claims process.

Legal Rights & Agreement Rules · Restriction or exception

US: a court may enforce the multiple-claims procedure and enjoin mass filings

A court of competent jurisdiction has authority to enforce the Section 10.1.4 multiple-claims procedure and, if necessary, to enjoin the mass filing of arbitration demands against Ancestry if either party does not comply with it. Otherwise, the arbitrator and not any court or agency has exclusive authority to decide disputes about the interpretation, applicability, enforceability or formation of the arbitration agreement, the Terms or the Privacy Statement, including whether a claim is subject to arbitration and waiver by litigation conduct.

Supporting quotations

10.1 For Customers In the United States
A court of competent jurisdiction shall have authority to enforce this section 10.1.4 and, if necessary, to enjoin the mass filing of arbitration demands against Ancestry to the extent either party fails to comply with the procedures set forth in this section 10.1.4. Otherwise, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, the Terms or the Privacy Statement, including but not limited to any claim that all or any part of the Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1).

Legal Rights & Agreement Rules · Restriction or exception

US: disputes only on an individual basis; no class or representative actions; consolidation only via mass-claims process

In the section for customers in the United States, the “Class Action Waiver” provides that each party may resolve disputes with the other only on an individual basis and may not bring a claim as a plaintiff or class member in a class or representative action. Other than as expressly set forth in the Section 10.1.4 multiple-claims process (25 or more similar claims with the same or coordinated counsel), no individual’s disputes may be consolidated with another’s. The waiver applies both to disputes resolved in arbitration and to any disputes that end up in court.

Supporting quotations

10.1.5 No Class Actions
This provision shall be referred to as the “Class Action Waiver.” The parties each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, or representative action.
Other than as expressly set forth in section 10.1.4 above, no individual’s disputes may be consolidated with another individual’s disputes. This provision applies both to disputes resolved in arbitration and to any disputes that are resolved in court, to the extent such disputes arise.
10.1.4 Multiple Claims
If 25 or more individuals initiate notices of dispute with Ancestry raising similar claims

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1).

Legal Rights & Agreement Rules · Restriction or exception

US: if the Class Action Waiver is held unenforceable, arbitration falls away and Utah courts hear the dispute

If any court or arbitrator determines that the Class Action Waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class or representative basis, then the arbitration provisions are deemed null and void in their entirety and the parties are deemed not to have agreed to arbitrate disputes. In that case the dispute must be litigated in the federal or state court of competent jurisdiction located in the State of Utah rather than in arbitration. The text frames this as a consequence of the waiver being found unenforceable; it does not itself decide whether the waiver is enforceable.

Supporting quotations

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. In such instances, the dispute must be litigated in the federal or state court of competent jurisdiction located in the State of Utah—not in arbitration.

Qualifications & exceptions

  • Applies to customers in the United States (Section 10.1).

Legal Rights & Agreement Rules · Restriction or exception

US: an arbitration award, and the judgment confirming it, applies only to that case

An arbitration award and the judgment confirming it apply only to that specific case and are not binding on either party in any other case.

Supporting quotations

An arbitration award and the judgment confirming it applies only to that specific case and shall not be binding on either party in any other case.

Qualifications & exceptions

  • Stated within the section for customers in the United States (Section 10.1).

Legal Rights & Agreement Rules · Restriction or exception

US: if part of Section 10 is invalid, the rest stays in effect (except as the Class Action Waiver provides)

Other than as set forth in the Class Action Waiver, if any provision of Section 10 is adjudged invalid, unenforceable, unconscionable, void or voidable, in whole or in part, that does not affect the validity of Section 10 of the Terms, and all remaining provisions remain in effect.

Supporting quotations

10.1.6 Severability
Other than as set forth in the Class Action Waiver in section 10.1.5, if any provision of section 10 is adjudged to be invalid, unenforceable, unconscionable, void or voidable, in whole or in part, such adjudication will not affect the validity of section 10 of the Terms and Conditions. All remaining provisions will remain in effect.

Qualifications & exceptions

  • Applies within the section for customers in the United States (Section 10.1); the small-claims clause has its own fallback described on its card.

Legal Rights & Agreement Rules · Procedure

US: changes to the dispute section need 30 days’ notice and apply only to later claims

Ancestry will give thirty days’ notice of any changes affecting the substance of the dispute section, by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged in. Amendments take effect thirty days after they are posted or sent. Changes to this section otherwise apply only to claims arising after the thirtieth day. If a court or arbitrator decides this subsection is not enforceable or valid, it is severed and the court or arbitrator applies the immediately preceding version of the Arbitration Agreement and Class Action Waiver section.

Supporting quotations

10.1.7 Changes to This Section
Ancestry will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from section 10 entitled “Dispute, Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the immediately preceding version of the Arbitration Agreement and Class Action Waiver section.

Qualifications & exceptions

  • Applies within the section for customers in the United States (Section 10.1).

Legal Rights & Agreement Rules · Restriction or exception

US: the dispute resolution, arbitration and class waiver section survives account termination

The Dispute Resolution, Arbitration and Class Action Waiver section survives any termination of your account or the Services.

Supporting quotations

10.1.8 Survival
This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.

Qualifications & exceptions

  • Stated within the section for customers in the United States (Section 10.1).

Legal Rights & Agreement Rules · Restriction or exception

Outside the US: non-consumer EU customers and others accept Irish courts; Irish law governs

Under Section 10.2 (customers outside the United States), if you are a non-consumer customer based in the EU or reside anywhere else outside the United States, you agree that the Irish courts have exclusive jurisdiction over all disputes, contractual or non-contractual, related to the agreement. Separately, if you access the Services anywhere outside the United States, the laws of Ireland govern the Terms.

Supporting quotations

10.2 For Customers Outside the United States
If you are a non-consumer customer based in the EU or reside anywhere else outside the United States, you agree that the Irish Courts will have exclusive jurisdiction over all disputes (contractual or non-contractual) related to this Agreement.
If you access the Services anywhere outside the United States, the laws of Ireland govern these Terms.

Qualifications & exceptions

  • Consumers have separate provisions in Sections 10.2.1 (EU/UK) and 10.2.2 (other countries).

Not stated here

  • The sentence can be read as covering non-consumer EU customers and anyone residing elsewhere outside the US; it does not say how it applies to consumers outside the EU and UK beyond Section 10.2.2’s mandatory-law statement.

Legal Rights & Agreement Rules · User right or choice

EU/UK consumers keep mandatory local consumer law and get reasonable notice of service changes

If you are a European Union or United Kingdom consumer, you benefit from any mandatory provisions of the law of the country where you live, and nothing in the agreement affects your right as a consumer to rely on them. Ancestry will give as much notice as reasonably feasible of any removal, suspension or stopping of a Service or of any functionality or features. The Section 6 warranty disclaimer is expressly made subject to this Section 10.2.1.

Supporting quotations

10.2.1 European Union, UK Consumers
If you are a European Union or United Kingdom consumer you will benefit from any mandatory provisions of the law of the country in which you are resident and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. We will give you as much notice as reasonably feasible of any removal or suspension or stopping of a Service or of any functionality or features.
Subject to Section 10.2.1, we provide the Services and the Ancestry Content to you on an “AS-IS” basis, meaning without any guarantee or warranty.

Qualifications & exceptions

  • Stated for EU and UK consumers only.

Not stated here

  • The text does not list which mandatory provisions apply.

Legal Rights & Agreement Rules · Restriction or exception

EU/UK consumers: Ancestry enforces its rights only in your home courts, with a stated carve-out

If Ancestry seeks to enforce any of its rights against you as a consumer, it may do so only in the courts of the jurisdiction in which you are a resident. The text then says that, subject to that, nothing in the clause limits Ancestry’s rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

Supporting quotations

10.2.1 European Union, UK Consumers
If Ancestry seeks to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.
Subject to the foregoing, nothing contained in this clause shall limit our rights to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

Qualifications & exceptions

  • Stated within the section for European Union and United Kingdom consumers (Section 10.2.1).

Not stated here

  • The text does not explain how the carve-out for enforcement elsewhere and interim relief interacts with the resident-courts rule.

Legal Rights & Agreement Rules · User right or choice

EU consumers may bring court proceedings where they live or in Ireland, where Ancestry has its place of business

If you are a consumer based in the European Union, you are entitled to bring any judicial proceedings relating to the agreement before the competent court of your place of residence or the competent court of Ancestry’s place of business in Ireland.

Supporting quotations

If you are a consumer based in the European Union, you are entitled to bring any judicial proceedings relating to this Agreement before the competent court of your place of residence or the competent court of Ancestry's place of business in Ireland.

Qualifications & exceptions

  • Stated for consumers based in the European Union.

Legal Rights & Agreement Rules · Restriction or exception

UK consumers: proceedings go to the courts of England and Wales, which have exclusive jurisdiction

If you are a consumer based in the United Kingdom, you are entitled to bring any judicial proceedings relating to the agreement before the competent court of England and Wales, and you agree that England and Wales has exclusive jurisdiction over all disputes, contractual or non-contractual, related to the agreement.

Supporting quotations

If you are a consumer based in the United Kingdom, you are entitled to bring any judicial proceedings relating to this Agreement before the competent court of England and Wales, you agree that England and Wales will have exclusive jurisdiction over all disputes (contractual or non contractual) related to this Agreement.

Qualifications & exceptions

  • Stated for consumers based in the United Kingdom.

Account & Service Control · User right or choice

UK users may bring a breach-of-contract claim if content is removed or access is suspended contrary to the Terms

If you are a UK user, you have a right to bring a claim for breach of contract in respect of the Terms if (i) content you generate, upload or share on the Services is taken down, or access to it is restricted, in breach of the Terms, or (ii) your access is suspended, including any ban imposed on your use of the Services, in breach of the Terms.

Supporting quotations

If you are a UK user, you have a right to bring a claim for breach of contract in respect of these Terms in the event that (i) content which you generate, upload or share on the Services is taken down, or access to it is restricted, in breach of these Terms or (ii) your access is suspended (including any ban imposed on your use of the Services) in breach of these Terms.

Qualifications & exceptions

  • Stated for UK users.

Legal Rights & Agreement Rules · Context

EU consumers are pointed to an Accessibility Statement prepared under the European Accessibility Act

For European Union consumers, the Terms direct you to Ancestry’s Accessibility Statement, which the Terms say is prepared for the purposes of the European Union (Accessibility Requirements for Products and Services) Regulations 2023, implementing Directive (EU) 2019/882 (the European Accessibility Act).

Supporting quotations

For European Union Consumers, please read our [Accessibility Statement](https://www.ancestry.com/c/legal/accessibility) which is prepared for the purposes of the European Union (Accessibility Requirements for Products and Services) Regulations 2023 which implement Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (the European Accessibility Act).

Qualifications & exceptions

  • Stated for European Union consumers.

Not stated here

  • The Accessibility Statement is linked but not supplied.

Legal Rights & Agreement Rules · User right or choice

Consumers in other countries keep mandatory local consumer law

If you are a consumer accessing the Services in a country other than the United States, European Union or United Kingdom, you may benefit from any mandatory provisions of the law of the country where you live, and nothing in the agreement affects your right as a consumer to rely on them.

Supporting quotations

10.2.2 International Consumers
If you are a consumer accessing the Services in a country other than the United States, European Union or United Kingdom you may benefit from any mandatory provisions of the law of the country in which you are resident and nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law.

Qualifications & exceptions

  • Stated for consumers outside the United States, European Union and United Kingdom.

Not stated here

  • The text does not list which mandatory provisions apply.

Legal Rights & Agreement Rules · Restriction or exception

Governing law: Utah and US law if you access the Services in the US; Irish law if you access them elsewhere

If you access the Services in the United States, the laws of the State of Utah and, as applicable, those of the United States govern the Terms and your use of the Services, and all claims not subject to arbitration and brought in the United States are subject to the exclusive jurisdiction of the courts of competent jurisdiction located in Utah. Claims that are subject to arbitration (see the US arbitration provisions and their exceptions) are handled under those provisions. If you access the Services anywhere outside the United States, the laws of Ireland govern the Terms. For consumers in the EU and UK, Section 10.2.1 separately preserves mandatory local consumer law and sets court options.

Supporting quotations

10.3 Controlling Law
If you access the Services in the United States, the laws of the State of Utah and as applicable, those of the United States of America, govern these Terms and the use of the Services. You agree that all claims not subject to arbitration and brought in the United States will be subject to the exclusive jurisdiction of the courts of competent jurisdiction located in the State of Utah.
If you access the Services anywhere outside the United States, the laws of Ireland govern these Terms.
10.1 For Customers In the United States
Any dispute between us will be resolved through final and binding arbitration in accordance with the terms of this agreement, with the following three exceptions:

Qualifications & exceptions

  • The Utah-courts rule is for claims brought in the United States that are not subject to arbitration.
  • The Irish-law statement is for access outside the United States; consumer-specific protections for the EU, UK and other countries are in Section 10.2.

Not stated here

  • The text does not say how “access the Services in the United States” is determined.

Legal Rights & Agreement Rules · Permission or license

Terms may be modified; material changes take effect 30 days after posting, sooner for new Services or legal needs

Ancestry may modify the Terms at any time and agrees to notify you of material changes by posting information through the Services or by email. Material changes become effective thirty days after they are posted, except changes addressing new Services or legal requirements, which are effective immediately. Changes affecting the substance of the dispute resolution section for US customers have their own rule: thirty days’ notice, effective thirty days after posting or sending, and apply only to claims arising afterwards.

Supporting quotations

11.1 Modifications
We may modify these Terms at any time and agree to notify you of any material changes by posting information through the Services or sending you an email. Material changes become effective thirty days after they are posted, except for changes addressing new Services or legal requirements, which will be effective immediately.
10.1.7 Changes to This Section
Ancestry will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.

Qualifications & exceptions

  • Non-material changes are not given a notice or delay in this clause.

Not stated here

  • “Material” is not defined.

Legal Rights & Agreement Rules · Restriction or exception

Continuing to use the Services means you accept modified Terms; if you disagree, stop using them

Your continued use of the Services means you accept the modified Terms. If you do not agree to the changes, the Terms say you should stop using the Services and, if applicable, cancel your subscription.

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Your continued use of the Services means you accept the modified Terms. If you do not agree to the changes, you should stop using the Services and, if applicable, cancel your subscription.

Legal Rights & Agreement Rules · Context

The Terms plus incorporated documents are the entire agreement and replace earlier agreements

The Terms and the other documents they incorporate by reference are the entire agreement between you and Ancestry about your use of the Services and supersede any prior agreements.

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11.2 Entire Agreement
These Terms and other documents incorporated by reference are the entire agreement between you and Ancestry regarding your use of the Services and supersede any prior agreements.

Not stated here

  • The incorporated documents are linked policies not supplied in this source.

Sharing & Disclosure · Permission or license

Ancestry may assign its rights; if Ancestry is acquired it may share your Personal Information and Your Content

Ancestry reserves the right to assign or transfer its rights and obligations under the agreement. If Ancestry or any Service provider is acquired or transferred to another entity, in whole or in part and including in bankruptcy or similar proceedings, you agree that Ancestry may share your Personal Information and Your Content with that entity. You may not assign or transfer your rights and obligations without Ancestry’s written consent, and the Terms say there are no third-party beneficiaries.

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11.3 Transfer of Rights and Obligations
We reserve the right to assign or transfer our rights and obligations under this Agreement. If Ancestry or any Service provider is acquired or transferred to another entity (in whole or part, and including in connection with bankruptcy or similar proceedings), you agree that Ancestry may share your [Personal Information](https://www.ancestry.com/c/legal/privacystatement#intro) and Your Content with that entity.
You may not assign or transfer any of your rights and obligations under these Terms without Ancestry’s written consent. There are no third-party beneficiaries to these Terms.

Legal Rights & Agreement Rules · Restriction or exception

If a clause is unenforceable, the rest of the Terms stays in force, except as explicitly provided

Except as the Terms explicitly provide, the unenforceability of any section or clause does not affect the enforceability of the remaining Terms. The dispute resolution section has its own, more specific severability and fallback provisions.

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11.4 Severability
Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms.

Legal Rights & Agreement Rules · Restriction or exception

Ancestry not enforcing a provision is not a waiver, and it reserves rights not expressly given to you

Ancestry’s failure to enforce any provision of the Terms is not a waiver of its rights under that provision, and it reserves all rights not expressly provided to you.

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11.5 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision, and we reserve all rights not expressly provided to you herein.

Data Access & Collection · Company commitment

Ancestry does not knowingly collect Personal Information directly from anyone under 13 and will try to delete it

Ancestry says it does not knowingly seek or collect Personal Information directly from anyone under the age of 13, and that it will take commercially reasonable efforts to delete such data from its systems. This sits alongside the rule that children under 13 may not create accounts (with a school-based AncestryClassroom exception).

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11.6 Minors Thirteen and Under.
Ancestry does not knowingly seek or collect any [Personal Information](https://www.ancestry.com/c/legal/privacystatement#intro) directly from anyone under the age of 13 and will take commercially reasonable efforts to delete such data from our systems.

Qualifications & exceptions

  • The commitment is limited to knowing collection directly from the child and to “commercially reasonable efforts” to delete.

Legal Rights & Agreement Rules · Restriction or exception

Ancestry is not a consumer reporting agency; no using the Services for credit, insurance or employment decisions

Ancestry states that it is not a consumer reporting agency as defined in the Fair Credit Reporting Act and that the information on the Services has not been collected, in whole or in part, to furnish consumer reports as the Act defines them. You may not use the Services as a factor in (1) establishing an individual’s eligibility for personal credit or insurance or assessing risks of existing consumer credit obligations, (2) evaluating an individual for employment, promotion, reassignment or retention, including household workers such as babysitters, cleaning personnel, nannies and contractors, or (3) any other personal business transaction with another individual, including leasing an apartment.

Supporting quotations

11.7 Fair Credit Reporting Act
Ancestry is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA.
YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).

Qualifications & exceptions

  • This is a use restriction on you; the cited statute is a US law and its text is not supplied.

Content & IP Rights · Permission or license

Unsolicited ideas or materials you send are treated as non-confidential and Ancestry may use them freely

Ancestry does not accept, review or consider unsolicited ideas or materials, such as new advertising campaigns, promotions, products or technologies, processes, marketing plans or product names, other than those it has specifically requested, and asks you not to send them. If you do, you understand and agree that Ancestry will treat them as non-confidential and non-proprietary and is entitled to unrestricted use without contractual or other obligations or compensation to you.

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11.8 Unsolicited Idea Submission Policy
Ancestry does not accept, review, or consider unsolicited ideas or materials (including, without limitation, new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names) other than those Ancestry has specifically requested.
If you do send them, you understand and agree that Ancestry will consider the unsolicited ideas and materials you submit non-confidential and non-proprietary, and Ancestry will be entitled to unrestricted use of these ideas and materials, without obligations, contractual or otherwise, and without any compensation to you.

Legal Rights & Agreement Rules · Context

These Terms were consolidated from separate prior versions; earlier versions are on a linked archive

The Terms say they were consolidated from separate prior versions, and link to an archive of prior versions of the terms and conditions that applied to the Services.

Supporting quotations

These Terms and Conditions were consolidated from separate prior versions.
For prior versions of the terms and conditions applicable to the Services, click [here](https://www.ancestry.com/c/legal/terms-and-conditions-archive).

Not stated here

  • The archive of earlier versions is linked but not supplied in this source.