Terms and Conditions

1 Introduction & Acceptance

1.1 Agreement: These Terms and Conditions ("Terms") govern your use of NeverForgotten Memorials ("we," "us," "our") at neverforgottenmemorials.ie. By creating an account, subscribing to a plan, creating a memorial, or using the Service in any way, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1.2 Updates: We may update these Terms periodically. We will notify registered users of significant changes by email at least 14 days before changes take effect. Continued use after changes constitutes acceptance.

1.3 Age Requirement: You must be at least 16 years old to create an account, in line with Ireland's Digital Age of Consent under GDPR. By registering, you confirm you meet this requirement.

2 Account Registration & Security

2.1 Account Creation: You may create an account by registering with an email address and password, or by using Google Sign-In. When creating a memorial, you will be asked to confirm your acceptance of these Terms. By confirming or by otherwise using the Service, you enter into a legally binding agreement with us.

2.2 Accuracy: You must provide accurate and truthful information when registering. You are responsible for keeping your account details up to date.

2.3 Account Security: You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. Notify us immediately at [email protected] if you become aware of any unauthorised use.

2.4 Multiple Accounts: You may not create multiple accounts for the purpose of circumventing restrictions or abusing the Service.

3 The Service: Memorial Pages

3.1 What We Provide: NeverForgotten Memorials allows users to create digital memorial pages for deceased individuals. Each memorial may include photographs, biographical information, a video slideshow, tributes and stories, and a unique QR code.

3.2 Public Access: Memorial pages are publicly accessible by default. Anyone with the URL or QR code can view a memorial without logging in. Memorial pages may be indexed by search engines. You should consider this before adding sensitive personal information.

3.3 Tribute and Story Approval: The memorial owner receives email notifications when visitors submit tributes or stories. The memorial owner may approve or decline submissions. We are not responsible for disputes between contributors.

3.4 QR Codes: Each memorial is assigned a unique QR code. The QR code will continue to direct visitors to the memorial for as long as the memorial exists. Even on a lapsed subscription, the basic view (name, dates, profile picture) remains accessible so the QR code never becomes a dead link.

4 Subscription Plans & Payment Terms

4.1 Plan Options

Plan	Billing	Features
Monthly	€10.00 / month	Full memorial: photo gallery, video slideshow, biography, tributes, stories, QR code, shareable link
Yearly	€100.00 / year	All monthly features: save €20 per year vs monthly billing

All prices are in Euro (€). We reserve the right to change pricing at any time. Any changes will be communicated to existing subscribers with at least 30 days notice before taking effect.

4.2 Payment Processing

All payments are processed securely by Stripe, Inc. We do not store or handle your card details directly. By making a payment you also agree to Stripe's Terms of Service at stripe.com/ie/legal.

4.3 Automatic Renewal

Monthly and yearly subscriptions renew automatically at the end of each billing period. You authorise us to charge your payment method on file for each renewal. You can cancel at any time via your account page. If a payment fails, Stripe will automatically retry the charge. During retries your memorial remains fully active. If all retries fail, your subscription will be cancelled and your memorial will move to the basic plan described in Section 5.

4.4 Refund Policy

Under EU consumer protection law (the Consumer Rights Directive), you have a 14-day right of withdrawal from the date of purchase. To request a refund within this period, email [email protected]. Refunds will be processed within 14 days. After the 14-day period, we do not offer refunds for partial billing periods already charged, except as required by law.

4.5 Chargebacks

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we reserve the right to suspend or terminate your account. We encourage you to contact us at [email protected] before disputing any charge.

5 Basic Plan: What Happens When a Subscription Lapses

5.1 Immediate Effect: When a subscription is cancelled (by you or due to failed payment), your memorial is immediately moved to a "basic" view. In basic view:

• The memorial page remains publicly accessible and the QR code continues to work
• Only the name, dates and profile picture of the memorialised person are displayed to visitors
• All other content (gallery images, biography, video slideshow, stories, tributes) is hidden from public view but is securely retained for 6 months

5.2 Content Retention Period: We will retain your full memorial content for 6 months from the date your subscription lapses. You will receive email reminders during this period. If you resubscribe at any time within those 6 months, all content will be instantly restored.

5.3 Permanent Content Deletion: If 6 months pass without a renewed subscription, the following content will be permanently and irreversibly deleted:

• Gallery images
• Biography text
• Video slideshow
• Stories and tributes
• Audio files
• Custom banner

The following will be retained permanently regardless of subscription status:

• The memorialised person's name and dates
• Profile picture
• QR code and memorial URL

You will receive at least one email warning before permanent deletion occurs. We are not liable for loss of content deleted in accordance with this policy.

6 Content & Acceptable Use

6.1 Your Content: Ownership

You retain full ownership of all content you upload or create on the Service. By uploading content you grant NeverForgotten Memorials a non-exclusive, royalty-free licence to host, display, and deliver that content to users of the Service for the purpose of operating the memorial page. You may delete your content at any time.

6.2 Contributor Content

Visitors may submit tributes and stories. Contributors retain ownership of their own submissions. By submitting, contributors grant NeverForgotten Memorials and the memorial owner a non-exclusive licence to display that content on the memorial page, subject to the memorial owner's approval.

6.3 Content Standards

You are solely responsible for all content you upload or submit. You agree not to upload or submit content that:

• Is false, misleading or defamatory
• Infringes the intellectual property rights of any third party
• Contains obscene, hateful, discriminatory or abusive material
• Contains personal data of living individuals without their consent
• Violates any applicable law including Irish and EU law
• Is spam or unsolicited promotional material
• Creates a memorial for a living person with intent to deceive or harm

6.4 Content Moderation

We reserve the right to remove any content that violates these Terms or that we determine, in our sole discretion, is harmful or inappropriate. We may do so without prior notice. To report inappropriate content, email [email protected].

6.5 Our Intellectual Property

The NeverForgotten Memorials platform, including its design, logo, code, and all non-user-generated content, is our intellectual property. You may not copy, reproduce, reverse engineer or create derivative works from any part of the Service without our express written permission.

7 QR Codes and Physical Memorials

8 Account Termination

8.1 Termination by You: You may delete your account at any time through your account settings. Deleting your account will permanently delete all associated memorials and their content from our servers. This action cannot be undone. Active subscriptions will be cancelled and no refund will be issued for any remaining subscription period (except within the 14-day withdrawal period).

8.2 Termination by Us: We reserve the right to suspend or terminate your account if we believe you have violated these Terms. In cases of serious violation we may act without notice. In non-emergency cases we will give you reasonable warning and an opportunity to remedy the breach.

8.3 Effect of Termination: Upon termination, all content associated with your account will be deleted from our servers. We are not liable for any loss of content following termination in accordance with these Terms.

9 Disclaimers & Limitation of Liability

9.1 Service "As Is"

NeverForgotten Memorials is provided "as is" and "as available." We do not guarantee uninterrupted or error-free service. We will provide advance notice of planned downtime where possible.

9.2 Limitation of Liability

To the fullest extent permitted by Irish law, NeverForgotten Memorials shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of data, content, or revenue. Our total aggregate liability to you for any claim arising out of or relating to the Service shall not exceed the total amount you have paid to us in the 12 months preceding the claim.

9.3 Consumer Rights

Nothing in these Terms limits or excludes any rights you have as a consumer under Irish consumer protection law, including the Consumer Rights Act 2022. Your statutory rights are not affected.

10 Privacy & Data

Your use of the Service is governed by our Privacy Policy at neverforgottenmemorials.ie/privacy-policy, which is incorporated into these Terms by reference. By using the Service you also consent to the data practices described in the Privacy Policy.

You may request export of your memorial data at any time by emailing [email protected]. We will provide data in a reasonable format within 30 days.

11 Governing Law & Dispute Resolution

11.1 Governing Law: These Terms are governed by and construed in accordance with the laws of the Republic of Ireland.

11.2 Dispute Resolution:

• Step 1, Contact Us: Email [email protected]. We will respond within 14 business days and work to resolve the matter informally.
• Step 2, EU ODR Platform: If unsatisfied, EU consumers may use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.
• Step 3, Legal Action: Any legal proceedings must be brought in the courts of Ireland. For claims under €2,000, the Irish Small Claims Court may be used.

12 General Provisions

12.1 Force Majeure: We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, internet outages, or third-party service failures.

12.2 Assignment: You may not transfer your account or rights under these Terms without our written consent. We may transfer our rights to a successor business.

12.3 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

12.4 No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

12.5 Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and NeverForgotten Memorials regarding the Service.

13 Contact Information