Terms of Service

Effective date: March 23, 2026  |  Last updated: April 6, 2026  |  EverAfter Memorialâ„¢ LLC  |  hello@everaftermemorial.com

Please read these Terms of Service carefully before using EverAfter Memorial. By creating an account or using our platform, you agree to be bound by these Terms. If you do not agree, please do not use EverAfter Memorial.

1. About EverAfter Memorial

EverAfter Memorial is operated by EverAfter Memorialâ„¢ LLC, a Kentucky limited liability company ("EverAfter," "we," "us," or "our"). Our platform at everaftermemorial.com allows families to create permanent memorial and legacy profiles for people who have passed away or for living loved ones whose stories they wish to preserve.

EverAfter Memorial is not a funeral home, hospice, healthcare provider, grief counselling service, or financial advisor. We provide a digital platform only. Nothing on EverAfter Memorial constitutes professional advice of any kind.

2. Eligibility and Account Registration

You must be at least 18 years of age to create an account on EverAfter Memorial. By registering, you confirm that you are 18 or older. We do not knowingly collect personal information from children under the age of 18. If we learn that a user is under 18, we will promptly deactivate their account.

When you create an account you agree to:

You may not create an account on behalf of another person without their consent, or use another person's account without their permission.

3. Subscriptions, Billing, and Cancellation

Subscription Tiers

EverAfter Memorial offers the following subscription tiers:

Paid subscriptions are billed in advance on a monthly or annual basis. All prices are in US dollars. We reserve the right to change pricing with 30 days notice to existing subscribers.

Billing

Payments are processed securely by Stripe. By subscribing you authorise us to charge your payment method on a recurring basis. You are responsible for keeping your payment information current. Failed payments may result in suspension of your account.

Cancellation

You may cancel your subscription at any time by logging into your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the period you have already paid for.

Refunds

We offer refunds at our discretion. If you are not satisfied with EverAfter Memorial, please contact us at hello@everaftermemorial.com within 14 days of your payment and we will do our best to make it right. Refunds are generally limited to the most recent billing period.

Family Seats and Add-ons

Paid plans include a set number of family seats. Additional seats are available at $4.99 per seat per month, billed on the same cycle as your base subscription.

Eternal Preservation — One-Time Purchases

EverAfter Memorial offers one-time Eternal Preservation purchases for individual memorial profiles. These are not subscriptions — they are permanent, one-time payments that guarantee a specific memorial profile is preserved forever regardless of subscription status.

Eternal Preservation purchases are non-refundable. Once purchased, the memorial profile is permanently preserved on EverAfter Memorial for as long as EverAfter Memorialâ„¢ LLC operates as a business.

The Legacy Preservation Guarantee

🕯 EverAfter Memorial will never delete a memorial profile solely because a subscription has lapsed or been cancelled.

If a paying subscriber passes away and their family is unable to continue the subscription, the memorial profile will automatically convert to permanent read-only preservation status at no cost to the family. All photographs, videos, biography, and tributes will be preserved forever.

To activate Legacy Preservation Mode for a deceased subscriber, a family member may contact us at hello@everaftermemorial.com with the account details and a brief description of the circumstances. We will verify the request and convert the account promptly.

This guarantee applies to all memorial profiles created on EverAfter Memorial — paid or free. A memorial created in love will never disappear because of a billing lapse. This is a founding commitment of EverAfter Memorial™ LLC — written into our Terms from day one.

4. User Content and Memorials

Your Content

You retain ownership of all content you upload to EverAfter Memorial, including photographs, biographies, videos, and tributes ("User Content"). By uploading content you grant EverAfter Memorial a non-exclusive, worldwide, royalty-free licence to display, store, and transmit your content solely for the purpose of providing the platform services to you.

We will never sell your content, use it for advertising, or share it with third parties except as required to operate the platform such as cloud storage providers.

Your Responsibilities

You are solely responsible for the content you upload. You confirm that:

Memorial Profiles

Memorial profiles on EverAfter Memorial are intended to honour and preserve the memory of real individuals. Creating a profile for a fictitious person or for purposes of harassment or fraud is strictly prohibited.

Tributes

Tributes and messages left by visitors are subject to moderation by the memorial owner. EverAfter Memorial reserves the right to remove any tribute that violates these Terms or that we deem harmful, offensive, or inappropriate.

Content Retention

We retain your memorial content for as long as your account remains active. If your account is cancelled or terminated, we retain your content for 90 days before permanent deletion, giving you time to download anything important.

5. Prohibited Activities

You agree not to use EverAfter Memorial to:

6. Intellectual Property

EverAfter Memorial and all content, features, and functionality of the platform including text, graphics, logos, software, and overall design are owned by EverAfter Memorialâ„¢ LLC and are protected by United States and international intellectual property laws.

The EverAfter Memorial name and logo are trademarks of EverAfter Memorialâ„¢ LLC. You may not use our trademarks without our prior written consent.

7. Privacy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using EverAfter Memorial you agree to our Privacy Policy.

EverAfter Memorial will never show advertising on memorial or legacy profiles. We will never sell your personal data to third parties. This is a founding commitment of our company — written into our values from day one.

8. Third-Party Links and Services

EverAfter Memorial may contain links to third-party websites, including charity organisations linked from memorial pages. We have no control over the content or practices of third-party websites and accept no responsibility for them.

Payment processing is handled by Stripe. By making a payment you agree to Stripe's Terms of Service.

9. Disclaimer of Warranties

EverAfter Memorial is provided on an "as is" and "as available" basis without warranties of any kind. We do not warrant that the platform will be uninterrupted or error-free.

We strongly recommend that you keep copies of all important photographs and documents outside of EverAfter Memorial as a precaution against data loss.

To the fullest extent permitted by law, EverAfter Memorial disclaims all warranties, express or implied.

10. Limitation of Liability

To the fullest extent permitted by applicable law, EverAfter Memorialâ„¢ LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform.

Our total liability to you for any claim shall not exceed the amount you paid to us in the six months preceding the claim.

11. Dispute Resolution

Informal Resolution

If you have a concern, please contact us at hello@everaftermemorial.com first. We will do our best to resolve any dispute within 30 days informally.

Arbitration

If informal resolution fails, any dispute shall be resolved by binding arbitration in Kentucky, United States, in accordance with the rules of the American Arbitration Association. You and EverAfter Memorial each waive any right to a jury trial or class action. You must bring any claim within one year of the event giving rise to it.

Governing Law

These Terms are governed by the laws of the state of Kentucky, United States. Any court proceedings shall take place in Kentucky.

12. Termination

We reserve the right to suspend or terminate your account at any time if you violate these Terms or use the platform in a way that harms other users or EverAfter Memorial.

You may delete your account at any time by contacting us at hello@everaftermemorial.com.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email at least 14 days before the changes take effect. Your continued use of EverAfter Memorial after that date constitutes your acceptance of the updated Terms.

14. Contact Us

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

EverAfter Memorialâ„¢ LLC  |  Richmond, Kentucky  |  everaftermemorial.com