5.1 Plans

We currently offer three plans:

• Freemium — one Memorial Page with limited storage and feature access, at no charge.

• Premium — full access to platform features for the Account Owner, on a recurring subscription basis.

• Heritage — a collaborative plan permitting Co-Managers to jointly curate and archive Memorial Pages, on a recurring subscription basis.

The exact features, storage limits, prices, billing frequency, and any introductory or trial offers applicable to each plan are presented at checkout and on the pricing page. Those plan-specific terms are incorporated into these Terms.

Payments are processed by [Paddle.com Market Limited / Lemon Squeezy LLC] (the "Merchant of Record"), acting as our authorised reseller and merchant of record for the Service. Your contract for the supply of the Service is with us; your contract for the payment transaction is with the Merchant of Record. The Merchant of Record is responsible for collecting and remitting any applicable VAT, sales, or similar tax, and for issuing tax invoices to you. We do not store payment-card data.

5.2 Renewals

Paid subscriptions renew automatically at the end of each billing period for the same term unless cancelled before the renewal date. We will charge the payment method on file at the then-current price for the renewed term. You may cancel at any time from your account settings; cancellation takes effect at the end of the current paid period.

5.3 Price changes

We may change subscription prices for future billing periods. Where you have an active paid subscription, we will give you at least 30 days’ notice (by email or in-app notice) before any price increase takes effect, and you may cancel before the increase by the methods described in these Terms. Continuing your subscription after the effective date of the increase confirms acceptance of the new price.

5.4 Right of withdrawal (EU/UK consumers)

If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction granting a statutory right of withdrawal for distance-sold digital services, you may withdraw from a paid subscription within 14 days of purchase by contacting us at team@e-memory.app. By starting to use paid features within the withdrawal period, you may be deemed to have requested immediate performance and may lose some or all of the right of withdrawal, to the extent permitted by your local law; we will make this clear at checkout where applicable. Nothing in these Terms limits any statutory consumer right that cannot be waived under your local law.

5.5 Compassionate refunds

Outside of the statutory window described in Section 5.4, paid subscription fees are generally non-refundable. We recognise, however, that subscriptions to a memorial service can be purchased in moments of acute grief. As a matter of policy and not of legal obligation, we will consider good-faith refund requests made within 30 days of the initial subscription start date for Premium or Heritage plans. To request a compassionate refund, contact team@e-memory.app.

5.6 What happens if a subscription lapses

We recognise that the loss of a Memorial Page would be uniquely distressing. If a paid subscription is not renewed, or if a renewal payment fails:

• Grace period — the Memorial Page remains fully accessible for at least 30 days following the missed payment, while we attempt to contact the Account Owner and any designated Successor.

• Read-only period — for a further 60 days, the Memorial Page is placed in read-only mode. Visitors may still view existing Content; editing, new uploads, and Phygital QR scanning continue to work where the page is set to public.

• Rescue period — during the read-only period, any Co-Manager, the designated Successor, or another verified family member may assume billing responsibility and restore full access, subject to identity verification at our discretion.

• Archive — if no party has restored billing by the end of the read-only period, the Memorial Page is archived. Archived pages are retained for at least a further 6 months in offline cold storage, during which the Account Owner or Successor may request restoration by contacting team@e-memory.app.

• Deletion — if no restoration request is made within the archive window, the Memorial Page and its Content will be permanently deleted from our systems, save for backups that are overwritten in the ordinary course (typically within a further 90 days).

We may shorten these windows only with at least 30 days’ prior notice to affected Account Owners and Successors. We will not shorten them below the periods required by applicable consumer-protection or data-protection law.

6. Your Content
6.1 Ownership and licence to us

You retain all rights you have in the Content you upload. By uploading or making Content available through the Service, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, reformat, display, and otherwise use the Content solely to operate, secure, back up, improve, and provide the Service to you and to other authorised users of the relevant Memorial Page. This licence ends when the Content is deleted from our systems, except for back-ups overwritten in the ordinary course and for any copies retained as required by law.

We do not claim ownership of your Content, and we do not use Content uploaded to a Memorial Page for advertising or for training third-party artificial-intelligence models. We may use aggregated, de-identified usage data for internal product analytics and service improvement.

6.2 Your warranties about Content

By uploading Content, you represent and warrant that:

• you own the Content, or you have obtained all rights, consents, licences, and permissions required to upload, display, and share it on the Service, including from any living person depicted or whose voice is included;

• the Content does not infringe any third party’s intellectual-property, privacy, publicity, or other rights;

• where the Content relates to a deceased person, you are an immediate family member of the Subject, the legal personal representative of the Subject’s estate, a person designated by such a family member or representative, or you otherwise have a lawful basis to publish the Content;

• where the Content relates to a pet Subject, you are the former owner of that pet or have the consent of the former owner; and

• the Content does not include personal data of minors who are not your own children or wards, except to the extent necessary to commemorate the Subject and consented to by the minor’s parent or guardian.

6.3 Family objections and takedown

A surviving close family member of a Subject (typically a spouse or civil partner, parent, adult child, or sibling, as applicable under the relevant law of succession) may notify us in writing at team@e-memory.app if they object to the existence of a Memorial Page or to specific Content on it. Where we receive such an objection and the objector can reasonably demonstrate their relationship to the Subject, we will:

• notify the Account Owner of the objection;

• encourage the parties to resolve the matter directly;

• at our discretion, restrict, hide, or remove the disputed Content while the matter is being resolved; and

• comply with any binding order from a competent authority.

This Section is in addition to, and does not replace, the DMCA / copyright notice procedure in Section 13.

7. Acceptable use

The Service exists to honour the memory of real people and pets. You agree not to use the Service to:

• create a Memorial Page for a living person without their explicit, verifiable, informed written consent, or for any other person whom you are not entitled to commemorate;

• upload Content that is unlawful, defamatory, harassing, threatening, sexually explicit, hateful, discriminatory, or that promotes violence;

• upload Content that exploits the death of any person, that mocks the Subject, or that is designed to cause distress to surviving family members;

• use the Service for commercial fundraising, advertising, lead generation, or other commercial purposes unrelated to memorialisation, except via features we expressly provide for that purpose;

• impersonate any person, misrepresent your relationship to a Subject, or impersonate the Subject;

• attempt to access, modify, or interfere with any Memorial Page, account, or system that you are not authorised to access;

• scrape, crawl, or systematically extract Content from the Service, or use the Service to train, fine-tune, or evaluate any machine-learning model without our prior written consent;

• upload viruses, malware, or other harmful code, or use the Service to attack or destabilise our infrastructure or that of any third party; or

• use the Service to circumvent legal restrictions, sanctions, or export-control rules applicable to you.

7.1 Synthetic and AI-generated content of the deceased

We treat the use of artificial intelligence to recreate the voice, image, likeness, or words of a deceased Subject as a sensitive matter. You may use AI-assisted tools provided by the Service (for example, to restore old photographs or to generate written tributes) within the limits we publish in our help documentation. You must not, without the prior written consent of the Subject’s immediate family and any other person depicted, upload to the Service or generate using its features:

• synthetic audio purporting to be the Subject’s voice;

• synthetic video or photographs purporting to depict the Subject in scenes or statements that did not occur; or

• AI-generated "messages" or "interactions" presented as if authored by the Subject.

Where such Content is permitted (because all required consents have been obtained), it must be clearly labelled as AI-generated within the Service. We may remove unlabelled or non-consensual synthetic Content at our discretion.

8. Phygital QR codes and public memorial pages

A Memorial Page is private by default. The Account Owner may choose to enable a Phygital QR code or to publish the page to a public URL. Doing so makes the page accessible to anyone who has the URL or who scans the QR — including strangers in physical proximity to a plaque, memorial stone, or keepsake. Public Memorial Pages are also discoverable by general-purpose web search engines unless you opt out in your page settings.

Before enabling a Phygital QR or making a page public, you should consider whether the Content includes details (such as photographs of minors, home addresses, or sensitive personal information) that you would not wish to be visible to the general public. The Account Owner is responsible for choosing the visibility level of each piece of Content. You can switch a page back to private at any time, but copies that have already been viewed, screenshotted, or cached by third parties or search engines are outside our control.

We provide page-level and item-level visibility controls (Private - Invite Only - Phygital Link - Public). The Account Owner is responsible for configuring these correctly for their Memorial Page.

9. Suspension and termination

We may suspend or terminate your access to the Service, in whole or in part, including any Memorial Page you control, if:

• you materially breach these Terms and (where the breach is capable of remedy) do not cure it within 14 days of our notice;

• we are required to do so by law, regulation, or court order;

• continued provision of the Service would create a material legal or safety risk to us, to you, or to a third party (for example, where a Memorial Page is found to have been created for a living person without consent); or

• your payment for the Service is overdue, as described in Section 5.6.

Except where we are required to act immediately (for example, for safety or legal reasons), we will give you reasonable notice and an opportunity to respond before suspending or terminating your account. On termination, the lapse rules in Section 5.6 apply by analogy to your Memorial Pages.

You may stop using the Service and close your account at any time from your account settings or by contacting team@e-memory.app.

10. Successor access on death or incapacity

We encourage every Account Owner to designate a Successor in their account settings. A Successor is the person you nominate to assume control of your account and your Memorial Pages if you die or become incapacitated.

10.1 Designation

You may designate, change, or remove a Successor at any time in your account settings. The Successor must be at least 18 years old. A designation does not, by itself, give the Successor access during your lifetime; it takes effect only on verified death or incapacity.

10.2 Activation

To activate Successor access, the Successor (or another person acting on the deceased’s behalf) must contact team@e-memory.app and provide:

• a copy of a death certificate, or, in the case of incapacity, a relevant legal document such as a power of attorney, guardianship order, or equivalent;

• proof of the Successor’s identity (government-issued photo ID); and

• where the requester is not the designated Successor, evidence of their authority to act for the deceased’s estate.

We aim to verify and process Successor requests within 30 days of receiving complete documentation. We may require additional information at our reasonable discretion. We will not transfer or grant access where the documentation provided is inconsistent or contested by another verified family member; in that case we will preserve the Memorial Page until the dispute is resolved or a competent authority directs otherwise.

10.3 If no Successor is designated

Where no Successor has been designated, we will treat a request from the legal personal representative of the deceased’s estate, or from an immediate family member (spouse or civil partner, parent, adult child, or sibling), as a basis to consider granting access, on the same evidentiary basis as Section 10.2 and subject to the same dispute-handling rules.

10.4 Pet memorial pages

Pet Memorial Pages are not subject to the Successor mechanism described above (since the Subject is not a person with surviving legal rights). On the death or incapacity of the Account Owner of a pet Memorial Page, control may pass to a designated Successor, a Co-Manager, or a family member, on the same documentary basis as Section 10.2, adapted to the circumstances.

11. Intellectual property and copyright complaints

The Service, including its software, design, trademarks, logos, and original content created by us, is owned by Sole Proprietor (ФОП) Maryna Repekh or our licensors and is protected by intellectual-property laws. Nothing in these Terms transfers any of these rights to you. We grant you a limited, non-transferable, revocable licence to access and use the Service for personal, non-commercial purposes consistent with these Terms.

We respect the intellectual-property rights of others and expect you to do the same. If you believe Content on the Service infringes your copyright, please send a notice to our designated agent that includes:

• your name, address, telephone number, and email address;

• identification of the copyrighted work claimed to have been infringed;

• the URL or other reasonable identification of the Content claimed to be infringing;

• a statement that you have a good-faith belief that the use is not authorised by the rights holder, its agent, or the law;

• a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorised to act on behalf of the rights holder; and

• your physical or electronic signature.

Send notices to: Designated Agent, Sole Proprietor (ФОП) Maryna Repekh, Keletska St. 51-A, apt. 101, Vinnytsia, Ukraine; email: team@e-memory.app. (A DMCA designated agent is also registered with the United States Copyright Office; details are published in the USCO public directory.) We may forward your notice to the user who uploaded the Content. Repeat infringers may have their accounts terminated.

12. Privacy and data protection

Our Privacy Policy explains how we collect, use, and protect personal data, including the personal data of living persons depicted in Content. By using the Service you acknowledge that processing as described in the Privacy Policy. Where you upload Content that includes personal data of other living persons, you are responsible for ensuring you have a lawful basis to do so under the General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR"), the Ukrainian Law on Personal Data Protection, and any other privacy law applicable to you, and for honouring the rights of data subjects.

Personal data of deceased persons is not protected by the GDPR as such, but may be protected by national law (including in several EU Member States and in Ukraine) and by personality-rights protections that survive death. You agree to act in good faith and with respect for the dignity of the Subject of every Memorial Page.

If you are a data subject and you wish to exercise your rights with respect to personal data we hold about you, please follow the process described in the Privacy Policy.

13. Disclaimers

To the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, error-free, or secure, that it will meet your expectations, or that Content will be preserved without loss. While we take backup and storage seriously, you remain responsible for retaining your own copies of any Content that is important to you.

Nothing in this Section limits any warranty or right that cannot be excluded under your local consumer-protection law.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or anticipated savings, arising out of or in connection with these Terms or the Service.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service in any 12-month period will not exceed the greater of (a) the amount you paid to us for the Service in that 12-month period, and (b) EUR 100.

Nothing in these Terms limits or excludes liability that cannot, by law, be limited or excluded, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability to a consumer that cannot be excluded under applicable law.

15. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Sole Proprietor (ФОП) Maryna Repekh and its officers, directors, employees, and agents from and against any claims, losses, damages, and reasonable expenses (including reasonable legal fees) arising out of (a) your Content, (b) your breach of these Terms, or (c) your violation of any law or third-party right. This Section does not apply where you act as a consumer and the relevant claim is one for which a consumer cannot lawfully be required to indemnify a business under the law of your country of residence.

16. Disputes, governing law, and forum

16.1 Informal resolution

Before bringing any formal dispute, you agree to contact us at team@e-memory.app and to make a good-faith effort to resolve the matter for at least 30 days. We will do the same.

16.2 Governing law

These Terms are governed by the laws of Ukraine, without regard to its conflict-of-laws rules. This choice of law does not deprive a consumer of the protection afforded by the mandatory consumer-protection provisions of the law of their country of habitual residence within the European Union, the United Kingdom, or another jurisdiction that grants such protection.

16.3 Forum

Subject to Section 16.4, any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the competent courts of Ukraine. If you are a consumer habitually resident in the European Union, the United Kingdom, or another jurisdiction whose law guarantees you the right to sue in your home courts, you may bring proceedings against us, and we may bring proceedings against you, in the courts of your country of habitual residence.

16.4 Optional arbitration (non-consumer matters)

For disputes between us and users acting in a business or professional capacity (i.e., not as consumers), the parties may by mutual agreement refer the dispute to binding arbitration administered by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, seated in Kyiv, in the English or Ukrainian language. This Section does not apply to consumer disputes and does not waive any consumer right to court access.

16.5 EU online dispute resolution

Consumers resident in the European Union may also use the European Commission’s Online Dispute Resolution platform, available at https://ec.europa.eu/consumers/odr, to attempt to resolve disputes out of court. We are not required to use this platform and may decline to do so.

17. Changes to these Terms

We may update these Terms from time to time to reflect changes in the Service, in applicable law, or in our business. Where a change is material, we will give you at least 30 days’ prior notice by email or in-app notification before the change takes effect. Material changes affecting paid subscribers will not take effect for your current paid billing period; they will apply at your next renewal. If you do not agree to a material change, you may cancel your subscription before it takes effect; your Memorial Pages will then follow the lapse procedure in Section 5.6.

Non-material changes (such as clarifications, typographical corrections, or updates to contact details) take effect when posted. The "Last updated" date at the top of these Terms always shows the current version.

18. General

Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any plan-specific terms presented at checkout, are the entire agreement between you and us regarding the Service.

Severability. If any provision of these Terms is held to be unenforceable, the remainder will remain in full force, and the unenforceable provision will be enforced to the maximum extent permitted by law.

No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you; if you object to such assignment, your sole remedy is to cancel your subscription and follow the lapse procedure in Section 5.6.

Force majeure. Neither party is liable for any delay or failure to perform due to events beyond its reasonable control, including acts of war, natural disasters, internet or infrastructure outages, or governmental action.

Notices. We will give you notice by email to the address on your account or by in-app notification. You may give us notice at team@e-memory.app.

Language. These Terms are written in English. We may provide translations for convenience; in case of conflict, the English version controls, except where local law requires otherwise.

19. Contact

Questions or notices regarding these Terms may be sent to:

Sole Proprietor Maryna Repekh

Keletska St. 51-A, apt. 101, Vinnytsia, Ukraine

Tax ID (РНОКПП): 3418408086

General support: team@e-memory.app

Legal notices: team@e-memory.app

DMCA / copyright: team@e-memory.app

Data-protection enquiries: team@e-memory.app