Terms of Service

Agreement to Terms

By accessing or using Being Remembered ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

The Service is intended for memorial service professionals, funeral homes, and related businesses. By using the Service, you represent that you are authorized to enter into these Terms on behalf of your organization.

Description of Service

Being Remembered provides an AI-powered platform for creating memorial presentations. Our Service includes:

• Photo upload and management tools
• AI-powered photo restoration and enhancement
• Animated video generation from photographs
• Presentation creation with background audio
• Team collaboration features
• Secure upload and delivery options

User Accounts

To use the Service, you must create an account. You are responsible for:

• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring all account information is accurate and current

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

Content and Intellectual Property

Family Content

You retain a limited license to the photographs, audio files, and other content that families upload to the Service ("Family Content"). By facilitating the upload of content, you grant us a limited license to:

• Store and process Family Content to provide the Service
• Apply AI enhancement and animation to create memorial presentations
• Generate derivative works (enhanced photos, animated videos)

You represent and warrant that families have provided the necessary rights and permissions for uploaded content, including photographs of individuals.

Our Content

The Service, including its design, features, and technology, is owned by Being Remembered and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Upload content that infringes on intellectual property rights
• Upload inappropriate, offensive, or illegal content
• Use the Service for any purpose other than creating memorial presentations
• Attempt to access accounts or data belonging to others
• Interfere with the proper functioning of the Service
• Resell or redistribute the Service without authorization

Family Upload Links

When you share upload links with families, you are responsible for:

• Ensuring the link is shared only with authorized family members
• Informing families about how their photos will be used
• Managing link expiration appropriately
• Handling any questions or concerns from families about the process

Fees and Payment

Certain features of the Service may require payment. Fees are described in your service agreement and are subject to change with notice. You agree to pay all applicable fees and taxes.

Failure to pay fees may result in suspension or termination of your account.

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Uninterrupted or error-free service
• Accuracy of AI-generated enhancements or animations
• Security of data beyond reasonable industry standards

Limitation of Liability

To the maximum extent permitted by law, Being Remembered shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the Service.

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the twelve months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Being Remembered, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Content you upload to the Service

Termination

Either party may terminate this agreement at any time. Upon termination:

• Your access to the Service will be disabled
• We may delete Family Content after a reasonable retention period
• Any outstanding fees remain due and payable

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such notice constitutes acceptance of the modified Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Texas.

Contact Information

If you have questions about these Terms, please contact us.