Terms and Conditions
Our Terms & Conditon
Welcome to Forever In Our Hearts (“FIOH,” “we,” “us,” or “our”).
These Terms & Conditions (“Terms”) govern your access to and use of the FIOH website, applications, online memorials, tribute pages, community features, tools, services, and related products (collectively, the “Services”).
By creating an account, creating or contributing to a memorial, purchasing a service, or otherwise using the Services, you agree to these Terms. If you do not agree with these Terms, please do not use the Services.
Because FIOH exists to help people remember and celebrate the lives of people who have died, we ask every member of our community to use the Services with care, dignity, and respect.
About FIOH
FIOH provides digital remembrance and memorial services that allow individuals, families, friends, and communities to create and maintain online memorials and share memories.
Depending on the features available to you, the Services may allow you to:
Create and personalize an online memorial;
Add biographies, stories, memories, tributes, photographs, videos, music, and other media;
Invite family members, friends, or other people to contribute to a memorial;
Light virtual candles or leave messages;
Create and manage remembrance events;
Share memorials with others;
Facilitate donations or fundraising where available;
Create obituary announcements, flyers, or keepsakes;
Use AI-assisted tools to help create biographies, tributes, or remembrance messages; and
Manage privacy and access settings.
Features may vary by subscription, location, product version, or plan. We may introduce, modify, suspend, or discontinue features from time to time.
Eligibility
You must be legally capable of entering into a binding agreement to use the Services.
If you are using FIOH on behalf of another person, family, organization, funeral home, or other entity, you confirm that you have authority to do so.
If a parent, guardian, funeral home, estate representative, or other authorized person creates or manages a memorial on behalf of another individual, that person is responsible for ensuring that they have the necessary authority to provide information and grant the permissions described in these Terms.
Your Account
Certain features require you to create an account.
You agree to:
Provide accurate and reasonably current information;
Keep your login credentials confidential;
Take reasonable steps to protect your account;
Notify us if you believe your account has been accessed without authorization; and
Accept responsibility for activity carried out through your account, except where caused by circumstances beyond your reasonable control.
You must not share your account credentials with another person where doing so would compromise account security.
Creating and Managing Memorials
A memorial may contain information about a deceased person and may be created by a family member, friend, authorized representative, funeral home, or other user.
The person who creates or manages a memorial is responsible for the information they provide and the permissions they grant to other contributors.
You should only upload or publish information, photographs, videos, recordings, documents, or other material where you have the right or permission to do so.
FIOH does not determine who is legally entitled to control a deceased person's likeness, estate, photographs, personal information, or other materials. Where ownership or authorization is disputed, we may request additional information before taking action.
User Content
“User Content” means material that you submit, upload, publish, transmit, or otherwise make available through the Services.
This may include:
Names and biographical information;
Stories and memories;
Photographs;
Videos;
Audio and music;
Tributes and messages;
Event information;
Documents and other memorial materials; and
Other content associated with a memorial.
You retain ownership of User Content to the extent that you legally own it.
By submitting User Content to FIOH, you grant FIOH a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, transmit, and technically modify that content as reasonably necessary to provide, operate, maintain, secure, and improve the Services.
This license does not transfer ownership of your User Content to FIOH.
You are responsible for ensuring that your User Content does not violate these Terms or the rights of another person.
Your Responsibility for Content
You must not upload, publish, or share content that:
You do not have the right or permission to use;
Is unlawful, fraudulent, deceptive, or misleading;
Infringes copyright, trademark, privacy, publicity, or other rights;
Impersonates another person;
Is threatening, abusive, harassing, hateful, or deliberately harmful;
Contains malicious software or harmful code;
Exposes another person's private information without appropriate authorization;
Is sexually explicit in circumstances prohibited by applicable law or our policies;
Exploits or endangers children or vulnerable people;
Fraudulently solicits money or donations; or
Otherwise creates a significant risk of harm to the FIOH community.
FIOH is intended to be a respectful remembrance community. We may remove or restrict content that violates these Terms or that we reasonably believe creates a safety, legal, privacy, or integrity concern.
Memorial Contributors
Memorial creators may invite other people to contribute to a memorial.
Contributors understand that material they submit may become visible to the audience permitted by the memorial's privacy settings.
Before uploading someone else's photograph, recording, story, or personal information, you should ensure that you have the necessary permission.
Memorial creators are responsible for managing contributor access and available privacy controls.
8. Public and Private Memorials
FIOH may provide different visibility and privacy options.
Depending on the settings selected by the memorial creator, information may be visible to:
The memorial creator;
Invited collaborators;
Invited guests;
People with whom the memorial has been shared; or
The general public.
You should carefully review privacy settings before publishing sensitive information.
A memorial that is publicly accessible may be discoverable through search engines, shared through links, or accessed by people other than the intended recipients.
Changing a memorial's privacy settings may not immediately remove copies of information that other people have previously downloaded, copied, screenshotted, or otherwise saved.
Respecting Privacy
You must not use information obtained through FIOH to harass, threaten, exploit, impersonate, defame, or otherwise harm another person.
If you believe personal information has been published without appropriate authorization, please contact us at:
[PRIVACY/LEGAL EMAIL]
We will review the request in accordance with our Privacy Policy and applicable law.
Copyright and Intellectual Property
The FIOH Services, including our software, website design, branding, logos, text, graphics, interfaces, features, and other original materials, are owned by or licensed to FIOH and are protected by applicable intellectual property laws.
Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, sell, lease, reverse engineer, or create derivative works from FIOH's proprietary materials.
FIOH does not claim ownership of User Content merely because you upload it to the Services.
Copyright Complaints
If you believe content available through FIOH infringes your copyright or other intellectual property rights, please contact:
[COPYRIGHT/LEGAL EMAIL]
Your notice should contain sufficient information for us to identify the relevant material and understand the basis of your complaint.
Where applicable, FIOH may remove or restrict access to material while a complaint is investigated.
AI-Assisted Features
FIOH may provide tools that use artificial intelligence to assist with biographies, tributes, remembrance messages, or other content.
AI-generated or AI-assisted content is provided as a writing aid.
You remain responsible for reviewing AI-generated content before publishing it.
AI-generated content may:
Contain inaccuracies;
Omit important details;
Misinterpret information;
Produce wording that does not accurately reflect the deceased person's life or your family's memories; or
Produce content that requires editing before publication.
You should not treat AI-generated content as an authoritative historical, legal, medical, genealogical, or factual record.
FIOH does not guarantee that AI-generated content will be accurate, unique, complete, or appropriate for every situation.
Donations and Fundraising
Where donation or fundraising functionality is available, additional terms may apply.
The person creating or administering a fundraising campaign is responsible for ensuring that the campaign information is accurate and that they are authorized to receive or administer the funds.
FIOH may use third-party payment processors to process transactions.
Payment processing may be subject to the terms, conditions, privacy policies, and fees of the relevant payment provider.
FIOH does not guarantee that every donation transaction will be completed successfully and is not responsible for disputes between donors and campaign recipients except to the extent required by applicable law.
[INSERT CURRENT PAYMENT PROCESSOR / DONATION TERMS IF APPLICABLE]
Events
FIOH may allow users to create remembrance events, including funerals, memorial gatherings, anniversaries, birthdays, candle-light processions, and other occasions.
Event creators are responsible for the accuracy of event information, including dates, times, locations, and access instructions.
FIOH is not responsible for changes, cancellations, delays, or incidents occurring at an event organized by a user or third party.
Paid Services and Subscriptions
Some FIOH features may require payment.
Before completing a purchase, you will be shown the applicable price, billing period, and relevant features.
Prices and available plans may change from time to time. Changes will not affect a transaction that has already been completed except where permitted by applicable law or the applicable subscription terms.
[INSERT CURRENT CANCELLATION, REFUND, RENEWAL, AND BILLING TERMS]
Where recurring subscriptions are offered, you authorize the applicable payment provider to charge the payment method associated with your subscription in accordance with the selected billing arrangement.
Free Services and Memorial Availability
FIOH may offer free memorial services or free access to selected features.
Because digital services require ongoing infrastructure and maintenance, we do not guarantee that any free memorial, account, URL, or feature will remain available indefinitely unless an applicable paid plan or written agreement expressly provides otherwise.
Where FIOH offers a specific hosting or preservation commitment, that commitment will be governed by the terms applicable to the relevant plan.
Memorial Removal and Account Closure
You may request closure of your account or removal of a memorial subject to any applicable legal, contractual, operational, or preservation requirements.
Where a memorial has multiple contributors or is managed on behalf of a family, estate, funeral home, or other organization, additional verification may be required.
FIOH may suspend or remove an account, memorial, or content where reasonably necessary to:
Comply with law;
Protect users or the public;
Investigate suspected fraud or abuse;
Respond to valid legal requests;
Protect the security of the Services; or
Enforce these Terms.
Where reasonably appropriate, we may provide notice before taking action.
Reporting Concerns
If you believe a memorial, account, or piece of content violates these Terms, infringes your rights, impersonates someone, contains fraudulent information, or creates a serious safety or privacy concern, please contact:
Please provide enough information for us to understand and investigate the concern.
Third-Party Services and Links
The Services may contain links to or integrations with third-party websites, payment providers, social networks, technology providers, or other services.
FIOH does not control third-party services and is not responsible for their content, policies, availability, security, or practices.
Your use of third-party services may be governed by their own terms and privacy policies.
Availability and Service Changes
We work to keep FIOH available and reliable, but we do not guarantee uninterrupted or error-free operation.
The Services may occasionally be unavailable because of maintenance, updates, technical problems, security incidents, third-party failures, or circumstances beyond our reasonable control.
We may update, modify, suspend, or discontinue features or portions of the Services.
Disclaimer
To the fullest extent permitted by applicable law, the Services are provided on an “as available” basis.
FIOH does not guarantee that the Services will always be uninterrupted, secure, accurate, complete, or free from errors.
Nothing on FIOH should be interpreted as professional legal, financial, medical, psychological, or grief counselling advice.
FIOH is a digital remembrance platform. It does not replace professional counselling, medical care, legal advice, financial advice, funeral services, or emergency services.
Limitation of Liability
To the fullest extent permitted by applicable law, FIOH and its officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Services.
Where liability cannot legally be excluded, it will be limited to the maximum extent permitted by applicable law.
[LEGAL COUNSEL SHOULD REVIEW AND COMPLETE THIS SECTION FOR THE COMPANY'S ACTUAL JURISDICTION AND BUSINESS STRUCTURE.]
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FIOH and its officers, employees, contractors, affiliates, and service providers from claims, liabilities, damages, losses, and reasonable expenses arising from:
Your violation of these Terms;
Your User Content;
Your violation of another person's rights; or
Your misuse of the Services.
Changes to These Terms
We may update these Terms from time to time.
When we make material changes, we may provide notice through the Services or by other appropriate means.
The updated Terms will become effective on the date stated at the beginning of the revised Terms.
Your continued use of the Services after the effective date constitutes acceptance of the updated Terms, to the extent permitted by applicable law.
Governing Law and Disputes
These Terms are governed by the laws of [JURISDICTION], without regard to conflict-of-law principles.
Any disputes will be handled in accordance with the applicable courts, dispute-resolution procedures, or other mechanisms required by the laws of [JURISDICTION].
Contact Us
If you have questions about these Terms, please contact us:
Forever In Our Hearts (FIOH)
Support: info@foreverinourhearts.com
Website: https://foreverinourhearts.com/
Thank you for helping us keep FIOH a compassionate, respectful place for remembrance and connection.
