Terms of Service

Effective date: May 1, 2026  |  Replaces all prior versions  |  EverAfter Memorial™ LLC  |  hello@everaftermemorial.com

1. About EverAfter Memorial

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

EverAfter Memorial is not a funeral home, hospice, healthcare provider, grief counselling service, financial advisor, or legal 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:

• Provide accurate, complete, and current information
• Keep your password secure and confidential
• Notify us immediately at hello@everaftermemorial.com if you believe your account has been compromised
• Accept responsibility for all activity that occurs under your account

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

Plans

EverAfter Memorial currently offers two plans:

• Memory (Free) — one memorial profile, up to 10 photos, up to 4 biography chapters, tribute comments, QR code generation, and sharing with family. No charge.
• EverAfter — $19.99/month or $199/year. One memorial profile with full access to unlimited photos, video messages, audio messages, unlimited biography chapters, anniversary reminders, and priority support.

Additional plan options including add-on memorial profiles may be added in the future. We will update these Terms when new options become available.

Billing

Paid subscriptions are billed in advance on a monthly or annual basis. All prices are in US dollars. 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.

We reserve the right to change pricing with 30 days notice to existing subscribers. Existing subscribers will be honoured at their current price for one full billing cycle after any change.

Failed Payments

If a payment fails, your subscription enters a past-due state. We will attempt to collect payment again over a period of approximately 3-4 weeks. During this time you retain full access to paid features. If all payment attempts fail, your subscription will be cancelled and your account will revert to the free Memory plan.

Cancellation and Soft Revert

You may cancel your subscription at any time by contacting us at hello@everaftermemorial.com. When you cancel:

• Your account reverts to the free Memory plan
• All content you have already uploaded — photos, videos, audio messages, biography chapters, tributes — remains accessible to you and to memorial visitors
• Free-tier limits apply only to NEW content you upload after cancellation. Existing content is preserved.
• You may resubscribe at any time and immediately regain full access to upload new content

This is our soft revert policy — we will not hide, archive, or remove the content you and your family have already preserved simply because a subscription has ended.

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.

Eternal Preservation — One-Time Purchases

EverAfter Memorial offers Eternal Preservation purchases — one-time, permanent payments that guarantee a memorial profile is preserved forever, regardless of subscription status. Eternal Preservation is not a subscription.

• Memorial Eternal — $999 — permanent read-only preservation of one memorial profile. Best for memorials that are complete. After purchase, no new content can be added; all existing content is preserved forever.
• Eternal Active — $1,999 — permanent preservation of one memorial profile with full active access. Family members can continue adding photos, videos, biography content, and tributes forever.
• Family Vault — $4,999 — permanent preservation with full active access for up to 10 memorial profiles. Suited for families preserving multiple generations.

Eternal Preservation purchases are non-refundable. Once purchased, the memorial profile is permanently preserved on EverAfter Memorial for as long as EverAfter Memorial™ LLC operates as a business. If EverAfter Memorial ever ceases operations, we will provide all Eternal Preservation customers a way to download and preserve their memorials before any data is removed.

The Legacy Preservation Guarantee

If a paying subscriber passes away and their family is unable to continue the subscription, the memorial profile will automatically convert to permanent Legacy Preservation Mode at no cost to the family. All photographs, videos, biography content, audio messages, and tributes will be preserved forever, free of charge.

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 is a founding commitment of EverAfter Memorial™ LLC — written into our Terms from day one. A memorial created in love will never disappear because of a billing lapse.

4. User Content and Memorials

Your Content

You retain ownership of all content you upload to EverAfter Memorial, including photographs, biographies, videos, audio recordings, 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 — for example, cloud storage providers and email delivery services.

Your Responsibilities

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

• You have the right to upload all content you post, including photographs, videos, and audio recordings
• Your content does not infringe the copyright, privacy, or other rights of any third party
• Your content is accurate and does not contain false or misleading information about any person
• You have obtained consent from any living person featured prominently in content you upload, where consent is reasonably obtainable

Indemnification

You agree to defend, indemnify, and hold harmless EverAfter Memorial™ LLC, its members, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Content you upload, post, transmit, or otherwise make available through the platform
• Your use of or access to EverAfter Memorial
• Your violation of these Terms of Service
• Your violation of any third-party right, including any intellectual property, privacy, or publicity right
• Any false or misleading information you provide about yourself or about any person featured in your content

EverAfter Memorial reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of such claim. This indemnification obligation shall survive the termination of these Terms and your use of the platform.

Memorial Profiles and Living Legacy Profiles

Memorial profiles on EverAfter Memorial are intended to honour and preserve the memory of real individuals. Living Legacy profiles are profiles created by living individuals to preserve their own story, or by family members on behalf of a living loved one with their consent.

Creating a profile for a fictitious person, or creating a profile to harass, defame, or defraud a real person, is strictly prohibited. We may remove any profile that we determine has been created in bad faith.

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.

Reports of Passing

If a visitor submits a Report of Passing for a memorial profile, the report is held for manual review before any changes are made to the memorial. We will notify the memorial owner that a report has been submitted, and we will not modify the memorial without verifying the report.

Content Retention

Content uploaded to EverAfter Memorial is retained for as long as the associated account is active or the memorial is preserved under our soft revert policy or Legacy Preservation Guarantee.

If you choose to delete your account entirely (separate from cancelling a subscription), we retain your content for 90 days before permanent deletion, giving you time to download anything important. To request a full data export or account deletion, contact us at hello@everaftermemorial.com.

5. Prohibited Activities

You agree not to use EverAfter Memorial to:

• Upload content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene
• Impersonate any person or misrepresent your affiliation with any person or entity
• Upload content that infringes any copyright, trademark, or other intellectual property right
• Advertise or offer to sell goods or services through the platform
• Sell, transfer, or attempt to transfer your account or any memorial profile
• Attempt to gain unauthorised access to any part of the platform or another user's account
• Use automated tools, bots, or scrapers to access, collect, or copy data from the platform
• Upload viruses, malware, or any other harmful code
• Harass, intimidate, or harm any other user or visitor
• Create memorial profiles to mock, ridicule, or harm the reputation of a deceased person or their family
• Submit false Reports of Passing in an attempt to alter a memorial
• Use the platform in violation of any applicable law

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 Memorial™ LLC and are protected by United States and international intellectual property laws.

The EverAfter Memorial name and logo are trademarks of EverAfter Memorial™ 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 profiles. We will never sell your personal data to third parties. This is a founding commitment of our company.

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. Email delivery is handled by SendGrid. Cloud storage is handled by Cloudinary.

9. Disclaimer of Warranties

EverAfter Memorial is provided on an "as is" and "as available" basis. While we work to keep the platform reliable and to preserve your content faithfully, we cannot guarantee that the platform will be uninterrupted or completely error-free.

We recommend keeping personal copies of irreplaceable photographs, videos, and recordings outside of EverAfter Memorial as well. The originals belong to your family — EverAfter is one place they live, but it should not be the only place.

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 Memorial™ 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. Account deletion is separate from subscription cancellation — see Section 3 for details on cancellation, and Section 4 for details on content retention after account deletion.

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:

• Email: hello@everaftermemorial.com
• Website: everaftermemorial.com/contact
• Post: EverAfter Memorial™ LLC, PO Box 28, Berea, KY 40403, United States