Terms of Service

Welcome to Gather Memories. These Terms of Service ("Terms") govern your use of our memorial photo wall service. By accessing or using our service, you agree to be bound by these Terms. If you do not agree, please do not use our service.

1. Service Description

Gather Memories provides a digital platform for funeral homes to create memorial photo walls, allowing families and friends to share photographs and memories of deceased loved ones. Our service includes:

• Memorial page creation and management
• Photo uploading and sharing capabilities
• Photo moderation tools
• Slideshow display for memorial services
• Offline backup downloads
• Long-term memorial archiving

2. Account Registration

To use our service, funeral homes must create an account. You agree to:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any changes to your information
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

3. User Content

Ownership

You retain all ownership rights to the content you upload, including photographs and memorial information. By uploading content, you grant Gather Memories a non-exclusive, worldwide license to host, display, and transmit that content solely for the purpose of providing our service.

Content Guidelines

All content uploaded to our service must be:

• Appropriate for a memorial setting
• Owned by you or uploaded with permission from the owner
• Not infringing on any third-party intellectual property rights
• Not defamatory, obscene, or illegal

Prohibited Content

You may not upload content that:

• Is sexually explicit or pornographic
• Promotes violence, hatred, or discrimination
• Contains malware, viruses, or harmful code
• Violates any applicable law or regulation
• Infringes on the rights of others
• Is spam, advertising, or promotional material unrelated to the memorial

4. Photo Moderation

Funeral homes using our service are responsible for moderating content uploaded to their memorial pages. As the account holder, you agree to:

• Review uploaded content before it appears on the memorial wall
• Remove any content that violates these Terms or is inappropriate
• Respond to content concerns raised by family members

Gather Memories reserves the right, but has no obligation, to monitor and remove content that violates these Terms.

5. Family and Guest Access

When you share a memorial link with family members and guests, they may upload photos and content subject to your moderation. You are responsible for:

• Informing contributors about how their content will be used
• Managing who has access to the memorial link
• Handling requests from contributors regarding their content

6. Payment Terms

Pricing

Our service is offered under various pricing plans as described on our website. Prices are subject to change with notice. Current subscribers will be notified of price changes at least 30 days in advance.

Billing

• Per Service fees are charged at the time of memorial creation
• Monthly subscriptions are billed in advance on a recurring basis
• Annual subscriptions are billed upfront for the full year

Refunds

• 30-Day Money-Back Guarantee: First-time customers on any plan can request a full refund within 30 days of purchase if unsatisfied. Simply contact us and we'll process your refund promptly.
• After 30 days (Monthly): You may cancel anytime. Your access continues through the end of your current billing period. No refunds for partial months.
• After 30 days (Annual): Annual plans are non-refundable after the 30-day guarantee period. You may cancel to prevent renewal, and your access continues through the end of your annual term.

7. Service Availability

We strive to maintain high availability of our service but cannot guarantee uninterrupted access. We are not liable for:

• Temporary service interruptions for maintenance or updates
• Outages caused by factors beyond our control
• Internet connectivity issues at your location

For critical memorial services, we recommend downloading the offline backup version of your slideshow as a precaution.

8. Data Retention and Deletion

Retention Periods

• Per-Memorial Plan: Memorial content is retained for one year after the service date.
• Monthly/Enterprise Plans: Memorial content is retained while the account remains active and in good standing.

Deletion Requests

Account holders may request deletion of memorial content at any time. Family members may request deletion of their contributed content by contacting us with verification of their identity.

Account Termination

Upon account termination, we will retain memorial content for 90 days to allow for data export, after which it will be permanently deleted unless otherwise required by law.

9. Intellectual Property

The Gather Memories service, including its design, features, and technology, is owned by us and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our software or service
• Reverse engineer or attempt to extract our source code
• Use our trademarks or branding without permission
• Create derivative works based on our service

10. Limitation of Liability

To the maximum extent permitted by law, Gather Memories shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of data or content
• Service interruptions during memorial events
• Unauthorized access to your account
• Actions of third-party contributors

Our total liability for any claims arising from these Terms or your use of the service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Gather Memories, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the service
• Content you upload or share
• Your violation of these Terms
• Your violation of any third-party rights

12. Termination

We may suspend or terminate your access to our service if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees
• Abuse our service or other users

You may terminate your account at any time by contacting us. Upon termination, your right to use the service ceases immediately.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by email or by posting a notice on our website at least 7 days before the changes take effect. Your continued use of the service after changes take effect constitutes acceptance of the new Terms.

14. Governing Law

These Terms are governed by the laws of [State/Jurisdiction to be determined], without regard to conflict of law principles. Any disputes arising from these Terms or your use of the service shall be resolved in the courts of [Jurisdiction to be determined].

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gather Memories.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction.

16. Contact Us

If you have questions about these Terms of Service, please contact us: