Terms of Service

1. Acceptance of Terms

By accessing and using CreateMemorial (https://creatememorial.com), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these terms, please do not use our memorial creation services.

These terms apply to all visitors, users, and others who access or use our service to create and manage online memorials.

2. Service Description

CreateMemorial provides online memorial creation and hosting services. Our platform enables users to:

• Create beautiful digital memorial pages for loved ones
• Upload and share photos, videos, and life stories
• Receive and display condolence messages from visitors
• Enable virtual candle lighting and memorial interactions
• Create memorial tribute videos with photos, music, and remembrance text
• Control privacy settings for memorial pages
• Create memorial tribute videos with photos and music

3. Account Registration

To create memorials, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account password and credentials
• Promptly update any changes to your account information
• Accept full responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized account access
• Be at least 13 years of age to create an account

You are responsible for maintaining the confidentiality of your account and for restricting access to your device.

4. Plans and Payment

CreateMemorial offers multiple service tiers:

• Basic (Free): One memorial page with limited features
• Lifetime: One-time access for a memorial with advanced features and memorial tools, subject to these terms and fair use limits

Payment Terms:

• Paid plans and credit purchases are processed securely by our authorized payment providers.
• Before checkout, we show the product, price, included features, and any limits that apply.
• Lifetime plans are one-time purchases and do not automatically renew.
• Credit packages and add-on services are one-time purchases unless clearly stated otherwise at checkout.
• Taxes, payment method availability, receipts, and buyer support may be handled by the payment provider acting as reseller or merchant of record.
• Where Paddle is used, our order process is conducted by our online reseller Paddle.com. Paddle.com is the merchant of record for applicable orders and provides payment-related customer service and returns support.
• Where PayPro Global is used, PayPro Global may process the order, provide payment-related customer care, and handle refund requests in coordination with CreateMemorial.

See our Refund Policy for detailed refund terms.

5. Memorial Content Guidelines

When creating memorial content, you agree to:

• Only create memorials for deceased individuals (or pets) that you have the right to memorialize
• Provide accurate information about the deceased to the best of your knowledge
• Upload only photos and videos that you own or have permission to use
• Only process a person's likeness when you have the necessary consent, family authorization, or other legal right to do so
• Not create fake, fraudulent, or misleading memorial pages
• Not use memorials for commercial advertising or solicitation
• Respect the privacy and wishes of the deceased's family
• Not upload content that is offensive, hateful, or disrespectful

6. Prohibited Content and Conduct

You must not use our service to:

• Post content that is illegal, harmful, threatening, abusive, or harassing
• Violate the intellectual property rights of others
• Post sexually explicit, violent, or graphic content
• Create or distribute deepfakes, impersonation content, face swaps, or misleading content using a person's likeness without proper authorization
• Engage in identity theft or impersonation
• Spread malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems
• Scrape, harvest, or collect user data without permission
• Use automated systems (bots) to access the service
• Interfere with or disrupt the service or servers

We reserve the right to remove any content that violates these terms or is deemed inappropriate.

7. Intellectual Property Rights

8. Memorial Privacy Settings

You can control who views your memorials through privacy settings:

• Public: Anyone can view and leave condolences
• Private: Only invited users can access the memorial
• Password Protected: Requires a password to view

You are responsible for managing your memorial's privacy settings. We cannot be held liable for unauthorized access resulting from weak passwords or shared credentials.

9. Memorial Permanence and Data Retention

We are committed to preserving memorials for future generations:

• Active memorial pages are stored indefinitely without expiration
• Free accounts remain active with no time limit
• If a paid plan, payment, or account is cancelled or refunded, your memorial may revert to free tier limitations
• You can delete your memorial or account at any time
• We maintain backups for 30 days after deletion for recovery purposes

10. Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee:

• Uninterrupted or error-free service operation
• Specific quality or accuracy of generated content
• Complete security or prevention of data loss
• Compatibility with all devices or browsers
• That memorial pages will remain accessible forever (though we strive for this)

We recommend maintaining your own backups of important memorial content.

11. Limitation of Liability

To the maximum extent permitted by law, CreateMemorial shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of data, profits, use, goodwill, or other intangible losses
• Damages resulting from unauthorized access to your content
• Errors or omissions in memorial content
• Service interruptions or technical failures

Our total liability for any claims shall not exceed the amount you paid us in the past 12 months, or $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold CreateMemorial harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our services or memorial content you create
• Your violation of these Terms of Service
• Your infringement of any third-party rights, including intellectual property or privacy rights
• Disputes with other users regarding memorial content

13. Account Termination

14. Modifications to Terms

We may modify these Terms of Service from time to time. When we make changes, we will:

• Update the "Last Updated" date at the top of this document
• Notify you via email for significant changes
• Display a notice on our website
• Give you reasonable time to review changes before they take effect

Continued use of our services after changes indicates your acceptance of the modified terms. If you disagree with changes, you may cancel your account.

15. Dispute Resolution

If you have a dispute with CreateMemorial, please contact us first at support@creatememorial.com to attempt informal resolution.

For disputes that cannot be resolved informally:

• Both parties agree to binding arbitration for disputes under $10,000
• Arbitration will be conducted by a neutral arbitrator
• Each party bears their own costs unless otherwise determined
• You retain the right to small claims court for eligible matters

16. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any legal actions must be brought in courts located in the jurisdiction where CreateMemorial operates.

17. Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms remain in full force and effect.

18. Contact Information

For questions, concerns, or issues regarding these Terms of Service, please contact us:

Thank you for choosing CreateMemorial to honor and remember your loved ones. We are honored to help you preserve their legacy with dignity and respect.