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
• Multi-user access within your organization
• 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 may suspend or terminate accounts that materially breach these Terms, fail to pay fees when due, engage in fraudulent or abusive activity, or where we are required to do so by law. We will provide reasonable notice where practical.

Content and Intellectual Property

Family Content

Photographs, audio files, and other content uploaded to the Service by you or by the families you serve ("Family Content") remain the property of the families and individuals to whom that content belongs. We claim no ownership of Family Content.

In order to operate the Service, you grant us—and you represent that the families you serve have authorized you to grant us—a limited, non-exclusive, worldwide, royalty-free license to:

• Store, host, and process Family Content to provide the Service
• Apply AI enhancement and animation to create memorial tributes
• Generate derivative works (such as restored photographs and animated videos) for delivery back to you and the family

This license exists solely to provide the Service and ends when Family Content is deleted from the Service, except to the extent we are required to retain copies for legal, backup, or audit purposes.

You represent and warrant that you and the families you serve have all rights and permissions necessary to upload Family Content to the Service, including rights to any photographs of identifiable 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 purposes outside its intended scope, which includes creating memorial tributes, honoring and preserving the memory of loved ones, and related uses we make available from time to time
• Attempt to access accounts or data belonging to others
• Interfere with the proper functioning of the Service
• Resell, sublicense, or white-label the Service itself without our written authorization (offering tributes produced through the Service to the families you serve is, of course, the intended use)

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
• Absolute security of data (we maintain reasonable industry standards, but no system is perfectly secure)

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, with or without cause, subject to any minimum-term commitments in your service agreement. Upon termination:

• Your access to the Service will be disabled
• Any outstanding fees remain due and payable
• Handling of Family Content following termination is addressed below

Family Content After Termination

How Family Content is handled following termination depends on the specific program and any hosting or memory-preservation options selected at the time of purchase. Where a family or customer has paid for extended hosting or preservation (such as "Forever" offerings), we will use commercially reasonable efforts to honor the terms in effect at the time of that purchase, subject to the duration, scope, and limitations set forth in the applicable service agreement or program description.

Where no extended hosting has been purchased, Family Content may be retained for a reasonable period following termination to allow for export or transfer, after which it may be deleted from active systems. We may retain copies as required for legal, backup, or audit purposes.

We reserve the right to evolve our hosting, retention, and memory-preservation offerings over time. Material changes affecting previously purchased programs will be communicated in advance, and where reasonably possible, prior commitments will be honored or migrated to comparable offerings.

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.