Terms of Service

1. Acceptance of Terms

By using Eternal Memorials, you confirm that you are at least 18 years of age, or if you are under 18, you have obtained parental or guardian consent to use the Service. These Terms constitute a legally binding agreement between you and Eternal Memorials. Your use of the Service signifies your acceptance of these Terms and any additional guidelines or policies referenced herein.

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and the terms "you" and "your" will refer to that organization.

2. Description of Service

Eternal Memorials is an online platform that enables users to create, manage, and visit digital memorials for deceased individuals. The Service includes features such as:

• Creation of memorial pages with photos, videos, and biographical information
• Interactive tribute options (lighting virtual candles, laying digital flowers)
• Guestbook messaging for friends and family
• Privacy controls to determine memorial visibility
• Integration with social media for sharing
• Analytics on memorial visits and interactions

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts or all of the Service.

3. User Accounts

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Notify us immediately of any unauthorized use of your account
• Be responsible for all activities that occur under your account

You may not transfer your account to another person or entity. We reserve the right to disable any account at our sole discretion if we believe you have violated these Terms or any applicable law.

4. Memorial Content

Ownership: You retain ownership of any content you submit, upload, or display on the Service ("Your Content"). By posting Your Content, you grant Eternal Memorials a worldwide, non‑exclusive, royalty‑free license (with the right to sublicense) to use, reproduce, modify, adapt, publish, translate, distribute, and display such content solely for the purpose of operating, promoting, and improving the Service.

Content Guidelines: You are solely responsible for Your Content and its accuracy. You represent and warrant that Your Content:

• Does not infringe any third‑party rights (copyright, trademark, privacy, etc.)
• Is not defamatory, obscene, harassing, threatening, or otherwise unlawful
• Respects the dignity and memory of the deceased and their family
• Does not contain malware, viruses, or any other harmful code
• Complies with all applicable laws and regulations

We reserve the right, but have no obligation, to monitor, review, or remove any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

5. Payments & Billing

Certain features of the Service may require payment of fees ("Paid Services"). All fees are stated in the currency displayed on the pricing page and are exclusive of applicable taxes.

One‑Time Fees: Some memorials may involve a one‑time creation or upgrade fee. These fees are non‑recurring and are charged at the time of purchase.

Refund Policy: We offer a 30‑day money‑back guarantee for first‑time purchases of Paid Services. If you are dissatisfied with a Paid Service, you may request a refund within 30 days of purchase by contacting our support team. Refunds are processed within 14 business days and will be issued to the original payment method.

We may change our fees at any time by posting the new pricing on the Service. Changes will not affect existing purchases for the duration of the purchased period.

6. Prohibited Activities

You agree not to engage in any of the following activities:

• Impersonating any person or entity or falsely stating your affiliation
• Using the Service for any illegal purpose or in violation of any law
• Harassing, threatening, or intimidating other users
• Uploading content that is abusive, hateful, or discriminatory
• Attempting to gain unauthorized access to any portion of the Service
• Using automated scripts, bots, or scrapers to collect data from the Service
• Interfering with or disrupting the integrity or performance of the Service
• Circumventing any security or access controls
• Using the Service to promote commercial activities without our consent
• Creating memorials for living persons without their explicit consent

Violation of these prohibitions may result in immediate termination of your account and legal action where appropriate.

7. Termination

You may terminate your account at any time by contacting us or through the account settings page. Upon termination, your right to use the Service will cease immediately.

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe:

• You have breached these Terms
• You are using the Service in a manner that could cause us legal liability
• Your use disrupts the Service for other users
• Required by law or governmental authority

Upon termination, we may remove or disable access to your memorials and content at our discretion. We are not liable for any loss or damage resulting from such removal.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

Eternal Memorials does not warrant that:

• The Service will be uninterrupted, secure, or error‑free
• Any defects will be corrected
• The Service is free of viruses or other harmful components
• The results obtained from using the Service will be accurate or reliable

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETERNAL MEMORIALS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT
• ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE

OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS (USD $100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Eternal Memorials and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your Content or any content you submit
• Your infringement of any third‑party right, including intellectual property
• Any activity related to your account

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. If you are a consumer residing in the European Union, United Kingdom, or other jurisdiction with mandatory consumer protection laws, your local laws may apply.

Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, unless otherwise required by applicable law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email (sent to the address associated with your account) or by posting a notice on the Service prior to the effective date of the changes.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Service.

13. Contact Information

If you have any questions about these Terms, please contact us at: