Terms & Conditions | Forever In Heart

1. Acceptance of Terms

By accessing or using Forever in Heart ("the Service", "we", "us", "our"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, please do not use our Service.

2. Description of Service

Forever in Heart provides a platform for creating online memorials, sharing obituaries, leaving tributes, and preserving memories of loved ones. The Service is provided "as is" and "as available."

3. Pricing & Fee Changes

3.1 Current Pricing: Forever in Heart is currently offered as a free service. However, we reserve the right to modify or discontinue any aspect of the Service, including introducing fees for certain features, at any time.

3.2 Future Pricing: We may, at our sole discretion, introduce paid tiers, subscription fees, or one-time charges for specific features or services. In the event of such changes:

We will provide at least 30 days' advance notice via email
Existing free content will remain accessible according to the terms in effect at the time of creation
You may cancel your account before fee changes take effect
Continued use after fee implementation constitutes acceptance of the new pricing

3.3 Grandfathering: Memorials created during the free period will maintain free access to basic features, but may be subject to fees for premium features introduced after their creation.

4. Data Storage & Liability Limitation

4.1 No Guarantee of Data Integrity: While we employ industry-standard practices including regular backups and redundant storage, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. We do not guarantee that:

Data will never be lost, corrupted, or inaccessible
The Service will be uninterrupted, timely, secure, or error-free
Any data will be retained for any specific period

4.2 Backup Recommendation: You are strongly advised to maintain your own copies of all content, including photos, stories, and memorial information. We recommend keeping a personal backup of any content that is important to you.

4.3 Limitation of Liability for Data Loss: TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOREVER IN HEART AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FOREVER IN HEART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

The use or inability to use the Service
Any loss, corruption, or unauthorized access to your content
Any service interruptions, delays, or technical malfunctions
Any acts of God, cyber attacks, hardware failures, or other events beyond our reasonable control

4.4 Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

5. User Responsibilities

You agree to:

Provide accurate and complete information
Maintain the security of your account and password
Not share your login credentials with others
Not use the Service for any illegal or unauthorized purpose
Respect the privacy, dignity, and memory of memorial subjects
Ensure you have the legal right to post any content you upload
Obtain necessary permissions from family members before creating a memorial for a loved one

6. Content Ownership & License

6.1 Your Content: You retain all ownership rights to the content you post on Forever in Heart. By posting content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, modify, create derivative works, distribute, and otherwise use your content solely for the purpose of operating, improving, and promoting the Service.

6.2 Content Removal: We reserve the right, but have no obligation, to remove or refuse to post any content that we, in our sole discretion, deem to violate these Terms or be harmful to other users.

7. Prohibited Content

You may not post content that:

Is defamatory, harassing, abusive, or hateful
Violates anyone's privacy, publicity, or moral rights
Contains nudity, violence, or sexually explicit material
Infringes on intellectual property rights (copyright, trademark, etc.)
Impersonates another person or entity
Contains false or misleading information about the deceased
Is otherwise objectionable as determined by us in our sole discretion

8. Account Termination & Data Retention

8.1 Termination by Us: We may terminate or suspend your account immediately, without prior notice or liability, for conduct that violates these Terms, infringes on others' rights, or is otherwise harmful to the Service or its users.

8.2 Termination by You: You may delete your account at any time. Upon deletion, we may retain certain data as required by law or for legitimate business purposes.

8.3 Memorial Disputes: If multiple parties claim rights to manage a memorial, we reserve the right to suspend the memorial pending resolution, or to make a determination in our sole discretion.

9. Obituary Window

Obituaries must be created and published within 21 days of creating a memorial. After this window closes, obituaries become read-only and cannot be modified. We are not responsible for any failure to publish within this timeframe.

10. Donations & Payments

10.1 Donations: Any donations made through the Service are voluntary, non-refundable, and subject to our Donation Policy. Donations may be used for platform maintenance, development, operational costs, and community support at our discretion.

10.2 Future Payments: If we introduce paid features, all payments will be processed through secure third-party payment processors. We are not responsible for errors or issues caused by third-party processors.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

The Service will meet your specific requirements
The Service will be uninterrupted, timely, secure, or error-free
Any results or information obtained from the Service will be accurate or reliable
Any defects or errors will be corrected

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOREVER IN HEART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your use or inability to use the Service
Any conduct or content of any third party on the Service
Any content obtained from the Service
Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE PAST 12 MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Forever in Heart and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

Your use of and access to the Service
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your content caused damage to a third party

14. Governing Law & Dispute Resolution

14.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

14.2 Dispute Resolution: Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be submitted to binding arbitration in [Your City, State] in accordance with the rules of the American Arbitration Association.

14.3 Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

Posting the updated Terms on this page
Sending an email to the address associated with your account (if applicable)
Displaying a prominent notice on our website

Your continued use of the Service after such changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

16. Digital Millennium Copyright Act (DMCA)

If you believe that any content on our Service infringes your copyright, please send a DMCA notice to our designated agent at: copyright@foreverprofiles.com. We will respond to valid DMCA requests and may remove infringing content.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms constitute the entire agreement between you and Forever in Heart regarding the Service and supersede any prior agreements.

19. Contact Information

Questions about these Terms should be sent to:
Email: legal@foreverprofiles.com