Terms of Service

1. Introduction

Welcome to Obitley, a digital memorial services platform that empowers individuals to create meaningful memorials and obituaries affordably, and provides business users (funeral homes and memorial service providers) with free directory listings and service management tools.

These Terms of Service ("Terms") establish a binding legal agreement between you ("User," "you," or "your") and Obitley ("we," "us," "our," or "Company") governing your access to and use of the Obitley platform, including our website, mobile applications, and services.

By accessing, browsing, or using Obitley in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

2. Eligibility and Account Responsibility

Age and Legal Capacity

By using Obitley, you represent and warrant that:

• You are at least 16 years of age (or the age of majority in your jurisdiction)
• You have the legal right and capacity to enter into this agreement
• You are not prohibited by law from using our services
• All information provided during registration is accurate, truthful, and complete

Age Requirement. By creating an account or using Obitley’s services, you represent and warrant that you are at least 16 years of age (or the age of majority in your jurisdiction). Obitley does not knowingly allow individuals under 16 to register for an account or submit personal information through the site. If we discover that an account has been created in violation of this requirement, it may be suspended or permanently removed.

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials (username and password)
• All activity that occurs under your account
• Notifying us immediately of any unauthorized access or suspected security breach
• Keeping your contact information current and accurate

Obitley is not liable for any loss or damage resulting from your failure to maintain account security.

3. Service Description

Individual Users

Obitley provides tools for individuals to:

• Create free Life Story pages and Obituaries
• Share memories and tributes
• Upload photos, videos, and audio tributes
• Control visibility (public or private)
• Grant access and collaborative permissions to family members and friends

Business Users

Obitley provides funeral homes and alternative service providers with:

• Free directory listings with basic information
• Free upcoming service posting capabilities and Life Story and Obituary creation
• Premium account options with enhanced features including custom web pages, analytics, branded domains, and social media integration

Premium Features

Enhanced album storage (additional photos, videos, audio beyond free limits) and premium business features require payment. Specific pricing and terms are provided at the point of purchase.

4. User Content and Intellectual Property Rights

Content Ownership

You retain all ownership rights to any original content you submit to Obitley, including obituaries, photos, videos, audio files, and written tributes ("User Content").

License Grant

By submitting User Content to Obitley, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to:

• Use, reproduce, distribute, display, and store your content
• Modify and create derivative works as necessary to provide and improve services
• Use your content for promotional and marketing purposes (with respect to your privacy settings)
• Archive content for preservation and historical purposes

Rights and Permissions

You represent and warrant that:

• You own or have obtained all necessary rights and permissions for any content you submit
• Your content does not infringe upon any third-party intellectual property, privacy, or publicity rights
• You have obtained appropriate permissions from individuals depicted in photos or videos

Obitley's Intellectual Property

All Obitley logos, trademarks, designs, text, graphics, and other content (excluding User Content) are the exclusive property of Obitley or our licensors. You may not reproduce, distribute, or use our intellectual property without written permission.

5. Storage and Content Management

Storage Limits

Individual personal accounts include limited free storage for media associated with Life Stories and Obituaries, as described on our Pricing page. Business users have separate storage allocations based on their account tier.

Content Permanence

Obitley is designed to preserve memorials for future generations. However, we cannot guarantee perpetual access or storage of all content due to:

• Technical limitations and platform changes
• Company operational changes
• Legal or regulatory requirements
• Account termination or deletion

Future Blockchain Integration

Obitley plans to offer permanent archival services using blockchain technology in future development phases. Once implemented, blockchain-archived content will be immutable and permanent. Users will be informed of these features and given the option to participate.

6. Payments and Fees

Pricing and Payment

• Premium features and enhanced storage require payment as described at point of purchase
• All prices are in USD unless otherwise specified
• Payment is processed by third-party payment providers; Obitley is not responsible for third-party payment processing errors

Refund Policy

Unless otherwise specified at point of purchase, all payments are non-refundable. Requests for refunds must be submitted within 30 days of purchase and are evaluated on a case-by-case basis.

Billing Disputes

If you believe a charge is incorrect, contact us immediately with supporting documentation. We will investigate and resolve valid disputes.

7. Prohibited Conduct

You agree not to:

• Upload, post, or transmit unlawful, fraudulent, harassing, defamatory, obscene, or offensive content
• Infringe upon intellectual property, privacy, or other rights of any third party
• Upload content containing viruses, malware, or harmful code
• Impersonate others or misrepresent your affiliation with any person or entity
• Use automated systems, bots, or scraping tools to collect data without authorization
• Interfere with, disrupt, or circumvent security features or technical infrastructure
• Attempt unauthorized access to accounts or systems
• Use the platform for commercial purposes without explicit authorization
• Post spam, unsolicited advertising, or commercial solicitation
• Violate any applicable laws, regulations, or these Terms
• Content intended to exploit or harm minors

8. Content Moderation and Removal

Moderation Rights

Obitley reserves the right to review, flag, moderate, and remove any content that violates these Terms, our Acceptable Use Policy, or applicable laws, at our sole discretion and without liability.

Removal Process

• Users may request removal of their own content at any time
• Removal requests are typically processed within 5-10 business days
• Content removals may not be immediate due to caching, backups, and archival systems
• Once blockchain archival is enabled, immutable content cannot be removed

No Liability for Removal

Obitley disclaims all liability for any deletion, modification, or refusal to post user content.

9. User Conduct and Responsibility for Third Parties

You are responsible for the accuracy, legality, and appropriateness of all content you submit. This includes:

• Obituary accuracy and completeness
• Proper permissions for photos, videos, and audio of other individuals
• Compliance with copyright and intellectual property laws
• Respect for privacy and dignity of deceased individuals and their families

Memorial Sensitivity: Obitley acknowledges the sensitive nature of memorials. Users should approach content creation with respect, compassion, and consideration for family members and loved ones.

10. Disclaimer of Warranties

OBITLEY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. SPECIFICALLY, OBITLEY DISCLAIMS ALL WARRANTIES INCLUDING:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Accuracy, completeness, or availability of content or services
• Security or permanence of data
• Uninterrupted or error-free service

While we use industry-standard security measures, we cannot guarantee absolute security or permanence of any data or content.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OBITLEY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF SERVICES IS LIMITED TO AMOUNTS ACTUALLY PAID TO OBITLEY IN THE 12 MONTHS PRECEDING THE CLAIM
• IN NO EVENT SHALL OBITLEY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR DATA
• SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY; IN SUCH CASES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW

12. Indemnification

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

• Your violation of these Terms
• Your submission of User Content
• Your use of the service in violation of applicable laws
• Infringement of third-party rights by your content
• Your unauthorized access or use of Obitley systems

13. Termination and Account Deletion

Termination by Obitley

Obitley may suspend or terminate your account and deny access to services:

• For violation of these Terms or the Acceptable Use Policy
• For inactivity (no login for 12+ months)
• For non-payment of outstanding fees
• At our sole discretion for any reason with 30 days' notice

Termination by User

You may request account deletion at any time by contacting support. Upon termination:

• Your account access will be revoked
• Non-blockchain content may be permanently deleted after a 90-day grace period
• Blockchain-archived content will remain immutable and permanent
• Outstanding fees remain due

14. Dispute Resolution

Informal Resolution

Before pursuing formal legal action, disputes should first be addressed informally by contacting Obitley support.

Binding Arbitration

Any dispute arising from these Terms or your use of Obitley services shall be resolved through binding arbitration administered by [Arbitration Provider] in accordance with [Arbitration Rules], with the following exceptions:

• Small claims court proceedings are permitted if the claim is within that court's jurisdiction
• Consumer protection laws may provide additional remedies

Class Action Waiver

You agree that arbitration shall be conducted on an individual basis and not as a class action, consolidated action, or representative action.

15. Governing Law and Jurisdiction

These Terms and your use of Obitley services are governed by and construed in accordance with the laws of [Your Operating Jurisdiction], without regard to its conflict of law provisions.

You irrevocably submit to the exclusive jurisdiction of the courts located in [Your Jurisdiction] for resolution of any legal disputes.

16. Modification of Terms

Obitley reserves the right to modify these Terms at any time. We will notify you of material changes by email or posting a notice on our website. Your continued use of the service after changes constitute your acceptance of the modified Terms.

Critical changes that negatively impact your rights will be communicated at least 30 days in advance.

17. Severability and Waiver

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if not possible, severed. The remaining provisions shall remain in full force and effect.

Waiver

Obitley's failure to enforce any provision does not constitute a waiver of that provision or the right to enforce it at a later time.

18. Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Obitley regarding your use of the service and supersede all prior negotiations, representations, and agreements.

19. Contact Information

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

20. Additional Resources

• Obitley Privacy Policy
• Obitley Acceptable Use Policy
• Contact Obitley Support