funeral.link Terms of Service

(a) "Acceptable Use Policy" means funeral.link's acceptable use guidelines, which prohibit unlawful, harmful, or abusive use of the Service.

(a) "Account Information" means information about your funeral.link account and information that you and your users provide to funeral.link in connection with (i) the creation or administration of your funeral.link account; or (ii) funeral.link's maintenance of your funeral.link account or the Service. For example, Account Information includes names, usernames, passwords, email addresses, and billing information.

(a) "Customer Content" means any information, content, or materials that you submit through the Service to your funeral.link Account, or is generated and returned by the Service based on such submissions, including contact information from case management systems, guestbooks, website forms, and CRM data.

(a) "Documentation" means funeral.link-provided user documentation relating to the Service found in our help center, as may be updated by funeral.link from time to time.

(a) "Fees" means the fees applicable to your use of the Service in accordance with the applicable package as included in our pricing notice included in the Service or on funeral.link's website.

(a) "Sensitive Personal Data" means (i) patient, medical, or other protected health information regulated by HIPAA; (ii) credit, debit, bank account or other financial account numbers; (iii) social security numbers, driver's license numbers, or other government ID numbers; and (iv) special categories of personal data enumerated in the GDPR.

(a) "Subscription Term" means the period during which you have agreed to subscribe to the Service.

(a) "Third-Party Services" means any third-party service, connection, site, platform, application, software, or integration that interoperates with the Service, including Passare, Pipedrive, GoHighLevel, HubSpot, Salesforce, and other CRM and case management systems.

(a) Account Registration and Use License: In order to access and use the Service, you must register for a funeral.link Account. You must provide and maintain accurate, current, and complete Account Information. Upon your proper registering for a funeral.link Account and subject to these Terms, funeral.link will make the Service available during the applicable Subscription Term, solely for your own internal business purposes and in accordance with the Documentation.

(b) Eligibility: In order to open and maintain a funeral.link Account, you hereby represent, warrant, and covenant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.

(c) Credentials: To set up and use your funeral.link Account, you may either (i) create a user ID and password to access your account; or (ii) use Third-Party Login credentials from a supported third-party site (such as Google). You are responsible for maintaining the confidentiality of your funeral.link Account credentials. You agree to immediately notify funeral.link of any suspected or actual unauthorized use of your funeral.link Account. You agree that you will be responsible and liable for all uses of the Service under your funeral.link Account, including without limitation, compliance with all applicable laws, regulations, and third-party terms.

(a) Fees: Some Service features may only be accessed and used after payment of applicable Fees. Except as expressly stated in these Terms or as required by applicable law, Fees paid are non-refundable, and payment obligations are non-cancelable. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING A FREE TRIAL PERIOD IS PROVIDED "AS-IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES.

(b) Taxes: You are responsible for any Taxes other than funeral.link's income tax. Fees and expenses are exclusive of Taxes, levies, or duties. If funeral.link has the legal obligation to pay or collect Taxes for which you are responsible under this section, funeral.link will invoice you, and you will pay that amount unless you provide funeral.link with a valid tax exemption certificate authorized by the appropriate taxing authority.

(c) Subscription Term: Your Subscription Term begins once you register for your funeral.link Account and is the billing cycle that you selected for your funeral.link Account.

(d) Auto-Renewal: UNLESS YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR RENEWAL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER SUBSCRIPTION TERM ON THE SAME PLAN (OR IF NO LONGER AVAILABLE, A SUCCESSOR PLAN) AND FOR A PERIOD EQUAL TO YOUR THEN-CURRENT SUBSCRIPTION TERM. All renewals are subject to funeral.link continuing to offer the applicable Service, Plan, and components thereof, and will be subject to the then-current Fees and any then-current eligibility criteria.

(e) Plan Changes and Cancellation: You can upgrade your plan, cancel your renewal, or delete your funeral.link Account through your account settings. If you cancel your funeral.link paid plan or if your funeral.link paid plan expires, your funeral.link Account will be converted to our free plan at the end of your Subscription Term until you delete your funeral.link Account.

(f) Termination by funeral.link: We reserve the right to terminate or suspend your funeral.link Account and/or our Service to you at any time and for any reason upon notice to you. If we terminate or suspend your funeral.link Account without cause, we will refund a prorated portion of your monthly prepayment. We will not refund or reimburse you if we terminate your funeral.link Account for cause, including (without limitation) for a violation of these Terms or the Acceptable Use Policy.

(g) Effect of Termination: Once you delete your funeral.link Account, neither your funeral.link Account nor your Customer Content can be restored or recovered in any way. If you do not log in to your funeral.link Account for twenty-four (24) or more months, we reserve the right to designate your funeral.link Account as "inactive" and delete the funeral.link Account and/or all the data associated with it.

(a) Account and Use of Service: You may use your funeral.link Account and the Service only (i) for lawful purposes; and (ii) in accordance with these Terms and the Documentation.

(b) Prohibited Use: You will not and will not permit anyone else to: (i) sell, sublicense, distribute, transfer, or rent the Service (in whole or part), grant non-users access to the Service or use the Service to provide a hosted or managed service to others; (ii) reverse engineer, decompile or seek to access the source code of the Service, except to the extent these restrictions are prohibited by law; (iii) copy, modify, create derivative works of or remove proprietary notices from the Service; (iv) conduct security or vulnerability tests of the Service, interfere with its operation or circumvent its access restrictions; (v) use the Service to develop a product or service competitive to funeral.link; or (vi) otherwise use the Service outside of the scope of the rights expressly granted herein.

(c) No High-Risk Activities or Prohibited Sensitive Personal Data: You may not access or use the Service for any high-risk activities or to upload or transmit any Sensitive Personal Data. We have no liability under these Terms for any high-risk activities or Sensitive Personal Data in violation of the foregoing.

(a) Data Privacy: funeral.link's Privacy Policy is hereby incorporated into and made a part of these Terms by this reference.

(b) Data Processing: To the extent that funeral.link processes any Personal Information contained in Customer Content, you are the data controller and funeral.link is the data processor. We process such data only according to your instructions to provide the Service.

(c) Security: We have implemented and maintain physical, technical, and administrative security measures designed to protect the Service and Customer Content from unauthorized access, destruction, use, modification, or disclosure. These include encryption of data in transit (TLS/SSL) and at rest (AES-256), access controls, and regular security monitoring.

(a) Ownership: You retain ownership of your Customer Content. By transmitting, processing, and/or storing Customer Content in the Service, you hereby grant funeral.link a worldwide, non-exclusive, and limited-term license to access, use, process, copy, store, distribute, perform, transmit, export, and display Customer Content as reasonably necessary: (i) to provide, maintain, operate, improve, and update the Service; (ii) to prevent or address service, security, support, or technical issues; and (iii) as required by law.

(b) Your Compliance Obligations: You shall be solely responsible for the accuracy, quality, content, and legality of Customer Content. You represent and warrant that: (i) you have obtained all necessary rights, releases, and permissions to transmit Customer Content through the Service; and (ii) Customer Content, and its transmission, processing, storage, and use as you authorize in these Terms will not violate any laws or regulations, these Terms, or the terms of any applicable Third-Party Service.

(a) funeral.link Service: The Service is made available on a limited access basis, and no ownership rights are conveyed to you. We and our licensors have and retain all right, title, and interest, including all intellectual property rights, in and to the Service. All our rights not expressly granted under these Terms are hereby retained.

(b) Feedback: If you provide feedback, comments, ideas, or suggestions for improvements, you grant us the right to use such feedback without restriction or compensation to you.

(a) Links and Integrations: The Service may contain, or otherwise enable, links to and integrations with Third-Party Services such as Passare, Pipedrive, GoHighLevel, HubSpot, Salesforce, and other CRM and case management systems. funeral.link provides and/or enables such links to and integrations solely as a convenience, has no responsibility for the content, functionality, or availability of such Third-Party Services, and does not endorse such Third-Party Services. Access to any Third-Party Services linked to the Service is at your own risk. Your use of any Third-Party Service is subject to the terms applicable to such Third-Party Service.

(b) Data Sharing: Pursuant to your configuration and usage of the Service, Customer Content will be transmitted to and from your funeral.link Account to one or more Third-Party Service(s) you've linked with your funeral.link Account.

(a) Service Warranty: If you are a paying subscriber to the Service, funeral.link warrants to you that we will provide the Service during the Subscription Term substantially as described in the Documentation under normal use. In the event of any breach of this warranty, your exclusive remedy will be our reperformance of the deficient Service or, if we do not reperform such deficient Service as warranted, you may terminate your funeral.link Account and we will refund a prorated portion of your prepayment.

(b) Disclaimers: EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICE IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND FUNERAL.LINK MAKES NO WARRANTY THAT THE SERVICE IS COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL, OR ACCURATE. FUNERAL.LINK HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

(c) Your Indemnification Obligations: You agree to defend funeral.link, its affiliates, directors, officers, employees, and agents against any claim, demand, suit, or proceeding, and indemnify them from and against any and all loss, costs, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (i) your violation or alleged violation of these Terms, or (ii) your Customer Content, or your use of Customer Content with the Service.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR THEIR LICENSORS SHALL BE LIABLE TO THE OTHER PARTY FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR (B) AMOUNTS IN THE AGGREGATE THAT EXCEED THE ACTUAL FEES PAID BY YOU TO FUNERAL.LINK DURING YOUR CURRENT SUBSCRIPTION TERM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Each party may disclose Confidential Information to the other party in connection with the Service. "Confidential Information" is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. The Receiving Party will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, and contractors who need to know such information; and (ii) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of the Service and these Terms.

(a) funeral.link Notice to You: funeral.link may provide you with notices through the Service portal or by electronic mail to your email address on record in your funeral.link Account. You are responsible for ensuring that your contact information is both current and accurate in your funeral.link Account.

(b) Your Notice to funeral.link: If you have a dispute with funeral.link, wish to provide a notice under these Terms, or become subject to insolvency or other similar legal proceedings, you must promptly send written notice to funeral.link at: legal@funeral.link

funeral.link may revise these Terms from time to time by posting a modified version of the Terms including their effective date. If we make material changes to the Terms, we will provide you with reasonable notice prior to the new Terms taking effect. By continuing to access or use the Service after the posting of any modified Terms, you agree to be bound by such modified Terms.

(a) Jury Trial Waiver: You acknowledge that by agreeing to these Terms, you and funeral.link each waive the right to trial by jury.

(b) Class Action Waiver: You acknowledge and agree that you may not bring any claim against funeral.link as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding.

(c) Force Majeure: Neither funeral.link nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

(d) Assignment: Neither party may assign these Terms without the prior consent of the other party, except that either party may assign these Terms, with notice to the other party, in connection with the assigning party's merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.

(e) Severability; Waiver: If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. No waiver of rights by either party may be implied from any actions or failures to enforce rights under these Terms.

(f) Governing Law; Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Wilmington, Delaware, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.

(g) Entire Agreement: These Terms and the policies or terms expressly referenced and incorporated into these Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof. These Terms supersede all prior or contemporaneous discussions, proposals, and agreements between you and funeral.link relating to the subject matter hereof.