Terms of Service
Effective date: June 1, 2026 · Last updated: June 1, 2026
These Terms of Service ("Terms") govern your access to and use of Memoria ("Service"), operated by Memoria ("we," "us," or "our") at memoriahq.com. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Acceptance of Terms
By creating an account or accessing any part of Memoria, you represent that you are at least 13 years old, have the legal capacity to enter into a binding agreement, and agree to these Terms and our Privacy Policy. These Terms apply to all visitors, users, and contributors.
2. Description of Service
Memoria is a digital memorial platform that aggregates publicly available obituary information and allows families and community members to create, claim, and contribute to memorial pages for deceased individuals. Features include memory walls (text, photos, audio, video), life timelines, interactive maps, Q&A sections, and private family spaces.
3. Account Registration and Responsibilities
To access certain features, you must register for an account. You agree to:
- Provide accurate, complete, and current information during registration.
- Maintain the confidentiality of your password and restrict access to your account.
- Notify us immediately of any unauthorized use of your account.
- Accept responsibility for all activities that occur under your account.
- Not share your account credentials or allow others to use your account.
We reserve the right to suspend or terminate accounts that provide false information or violate these Terms.
4. User Content and Ownership
You own your content. When you upload, submit, or otherwise make available any text, photos, audio, video, or other material ("User Content") through the Service, you retain full ownership of that content.
By submitting User Content, you grant Memoria a non-exclusive, worldwide, royalty-free, sublicensable license to use, store, display, reproduce, and distribute that content solely for the purpose of operating and improving the Service. This license does not authorize us to sell your content or use it for advertising.
You represent and warrant that: (a) you own or have the necessary rights to the content you submit; (b) submission of your content does not violate any third party's rights; and (c) your content complies with these Terms.
5. Memorial Content Policy
Memorial pages on Memoria are created to honor deceased individuals. By submitting content to a memorial page, you represent that:
- You have a genuine personal connection to, or knew, the deceased individual, or have the right to share the content you are posting.
- The content you share is truthful and intended to honor the memory of the deceased in a respectful manner.
- You have obtained consent from any living individuals pictured in photos or audio/video recordings you submit.
- You will not use memorial pages to spread misinformation about the deceased or their family.
Families who claim a memorial page ("Administrators") have the ability to approve or deny family membership, manage privacy settings, pin messages, and request removal of content that violates these Terms. Memoria reserves the right to take down content at the request of the lawful next of kin.
6. Prohibited Conduct
You agree not to use the Service to:
- Create fake, fraudulent, or deceptive memorial pages.
- Harass, threaten, or harm grieving families or other users.
- Post spam, unsolicited advertising, or commercial solicitations.
- Upload content that infringes the intellectual property rights of others.
- Impersonate any person or entity, including the deceased or their family members.
- Distribute malware, viruses, or any harmful code.
- Scrape, crawl, or otherwise collect data from the Service without our express written consent.
- Circumvent or interfere with security features or access controls.
- Use the Service in any manner that violates applicable law.
7. Intellectual Property
All aspects of the Service other than User Content — including the Memoria name and logo, website design, software, and underlying technology — are owned by Memoria and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our proprietary content without express written permission.
8. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
9. Third-Party Services
The Service may contain links to or integrations with third-party websites or services. We are not responsible for the content, privacy practices, or terms of those third parties. Your use of any third-party services is governed by their respective terms and policies.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MEMORIA DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MEMORIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED $100.
12. Indemnification
You agree to indemnify, defend, and hold harmless Memoria and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall first be submitted to non-binding mediation before resorting to arbitration or litigation.
Any legal action not resolved through mediation shall be subject to binding arbitration under the rules of the American Arbitration Association, conducted in Los Angeles County, California. You waive any right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.
14. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including for violations of these Terms. Upon termination, all licenses granted to you will immediately cease. Sections 4, 9, 10, 11, 12, and 13 survive termination.
You may terminate your account at any time by contacting us at legal@memoriahq.com.
15. Changes to These Terms
We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms with a new effective date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. If you disagree with the revised Terms, you must stop using the Service.
16. Contact Us
For questions about these Terms, contact us at: legal@memoriahq.com
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