For the purposes of these Terms and Conditions, the following capitalized terms shall have the meanings set out below unless the context requires otherwise.
"Account" means the registered user account created to access and use the Service. The Service can be browsed without an Account registration, however to leave a Digital Memory Spark or to create a Memorial Profile, an Account registration is needed.
"Applicable Law" means all applicable laws, regulations, directives, judicial decisions and legally binding governmental or regulatory requirements governing the use of the Service.
“Cemetery Visitor” means the person who scans the digital QR code placed on a Deceased Loved One’s physical grave.
"Company" means The Lasting Echo Kft. (seat: 1016 Budapest, Hungary, Naphegy utca 21. 2. em. 1A. a.; company reg. nr.: 01-09-363191 in the registry of the Budapest Capital Regional Court), the operator of the LastingEcho platform, including its successors and permitted assigns.
"Content" means any information, text, biography, story, photograph, image, video, audio recording, document, artwork, comment, message, AI-generated material or other digital material uploaded, stored, published or otherwise made available through the Service.
"Departed Loved One" means the deceased individual whose life, memory or legacy is represented by a Memorial Profile.
“Digital Hall of Echoes” or “Pantheon” means the searchable portal of Memorial Profiles.
“Digital Memory Spark” means the guestbook message a Virtual Viewer can leave under a Memorial Profile.
"Memorial Profile" means a digital memorial page created within the Service to commemorate a Departed Loved One.
"Successor / Secondary Guardian" means the person designated by a User to receive certain administrative rights or notifications regarding a Memorial Profile in accordance with these Terms and the functionality of the Service.
"Service" means the online memorial platform operated under the name LastingEcho, including its website, applications, software, subscription services, QR-code services and all related functionalities provided by the Company. We may refer to the Service also as “Eternal Storytelling”:
"Legacy Guardian" means a user who purchases a paid Subscription or other paid services offered through the Service.
“Life Echo Video” means the generated memorial video of the Deceased Loved One’s life, based on the data uploaded by the Legacy Guardian.
"Subscription" means the contractual relationship under which the Legacy Guardian receives access to paid features of the Service for the applicable subscription period.
"Terms" means these Terms and Conditions, including any documents expressly incorporated by reference.
"Third Party" means any natural or legal person other than the Company or the relevant User.
"User" means any person who accesses, browses, comments, pays condolences, registers for or otherwise uses the Service, whether or not such person has created an Account or purchased a Subscription.
"User Content" means any Content submitted, uploaded, transmitted, stored, published or otherwise made available by a User through the Service, including without limitation Memorial Profiles, biographies, photographs, videos, audio recordings, comments and messages.
“Virtual Viewer” means the users browsing the website with or without a registrated profile.
Unless the context otherwise requires:
LastingEcho is an online memorial platform that enables Legacy Guardians – our subscribers - to create, maintain and share digital memorials dedicated to their Departed Loved Ones. All Users – without registration are able to browse our Digital Hall of Echoes. Registration is needed for commenting or pay respects, while to create a Memorial Profile for the Departed Loved Ones requires a subscription only.
The Service is intended to preserve memories, stories, photographs, videos and other digital content in a respectful manner, allowing family members, friends and future generations to commemorate the life of an individual. The Legacy Guardian is able to generate a video from the uploaded photos and memories, which we call the Echo Video.
The Service may include, among others:
The Service constitutes an online hosting and information society service. The Company provides the technical infrastructure enabling Legacy Guardians to upload, store, organize and make available content submitted by them and Users to browse the Pantheon. Unless expressly stated otherwise, the Company does not create, edit, verify, endorse or approve User Content and does not act as the author, publisher or editor of Memorial Profiles. Users remain solely responsible for all content they upload or publish through the Service.
The Company does not verify whether:
The Company may, but is under no obligation to, review information where required by applicable law or where a sufficiently substantiated complaint is received.
All Memorial profiles, biographies, stories, comments, photographs, videos, audio recordings and other materials published through the Ethernal Storytelling Service constitute User Content. User Content is created independently by Users and does not necessarily reflect the views, opinions or position of the Company. The Company does not guarantee the accuracy, authenticity, legality or appropriateness of any User Content.
The Service is designed exclusively for respectful remembrance and commemoration. Users shall use the Service in a manner that respects:
The Company reserves the right to remove any content that it reasonably considers incompatible with the intended respectful purpose of the Service.
The Service is not including funeral service; cemetery operation; providing of probate or inheritance services; a genealogical verification service; a public archive; a governmental registry of deaths; or a historical authentication service. Nothing within the Service shall be construed as an official confirmation of any person's death, identity, family relationship or historical record.
The Service is intended for individuals who are legally capable of entering into binding contracts under the laws applicable to them.
By accessing or using the Service, the User represents and warrants that:
The Company may refuse registration or suspend access to the Service where it reasonably believes that a User does not satisfy these eligibility requirements.
The Service is intended solely for individuals who are at least eighteen 16years of age or who have otherwise reached the age at which they may validly enter into legally binding agreements under the laws applicable to them. Where local Applicable Laws require stricter restrictions, the age limit can be higher. Persons who do not meet this requirement may not register for an Account or use the Service. The Company reserves the right to request reasonable evidence of age where necessary.
Certain features of the Service require the creation of an Account. When registering an Account, the User shall provide accurate and complete information and shall promptly update such information whenever necessary to ensure that it remains current.
The User shall not:
The Company reserves the right to reject any registration that appears misleading, unlawful or contrary to these Terms.
Users are responsible for maintaining the confidentiality of their login credentials and for all activities carried out through their Account. Users shall immediately notify the Company if they become aware of:
The Company shall not be liable for losses resulting from a User's failure to adequately protect their Account credentials.
Where the Service permits, a User may designate a Successor Guardian to assist in the administration of a Memorial Profile in accordance with the functionality of the Service. Designation of a Successor Guardian does not transfer ownership of an Account or create any inheritance, succession or contractual rights. The Company may require appropriate verification before granting any administrative access or taking any action requested by a Successor Guardian.
The Company may refuse registration, suspend an Account or restrict access to the Service where it reasonably believes that:
Unless immediate action is necessary to protect the Service, other Users or comply with Applicable Law, the Company will use reasonable efforts to inform the affected User of the reasons for the restriction.
Creating a Memorial Profile is only available through a paid Subscription. The Company may offer different Subscription plans, each providing access to specific features, storage capacity, functionalities or services. The features included in each Subscription plan shall be described on the Service at the time of purchase. Unless expressly stated otherwise, access to premium features is granted only for the duration of the applicable Subscription.
Subscription fees are payable in the amount, currency and billing period displayed at the time of purchase. All prices are displayed inclusive or exclusive of applicable taxes as required by Applicable Law. The Company reserves the right to modify Subscription fees for future billing periods. Any price changes shall not affect the current Subscription period and will become effective only upon renewal after prior notice to the Legacy Guardian.
Payments shall be processed through third-party payment service providers designated by the Company. The Company does not store complete payment card information.
The Legacy Guardian authorizes the Company and its payment service providers to charge all applicable Subscription fees, taxes and other charges using the selected payment method. The Legacy Guardian is responsible for ensuring that payment information remains valid and up to date.
If payment cannot be successfully processed, the Company may:
The Legacy Guardian remains responsible for all outstanding amounts lawfully due.
Unless cancelled before the end of the current Subscription period, Subscriptions shall automatically renew for successive periods of the same duration. By purchasing a Subscription, the Legacy Guardian expressly authorizes recurring billing until the Subscription is cancelled.
The Legacy Guardian may disable automatic renewal at any time through their Account settings or by any other method made available by the Company. Cancellation shall take effect at the end of the current billing period unless Applicable Law provides otherwise.
Legacy Guardians may cancel their Subscription at any time. Cancellation does not entitle the Legacy Guardian to a refund for the unused portion of the current Subscription period unless:
Following cancellation, premium features shall remain available until the end of the paid Subscription period.
Upon expiration or termination of a Subscription, the Company may limit access to premium features and even limit the availability of the Memorial Profile.
Unless otherwise stated for the applicable Subscription plan, Memorial Profiles and User Content shall remain stored for a reasonable period determined by the Company, during which the Legacy Guardian may renew the Subscription.
If the Subscription is not renewed within the applicable retention period, the Company may archive, deactivate or permanently delete the relevant content in accordance with these Terms and the Privacy Policy. The Company may notify the Legacy Guardian and the Successor Guardian allowing the latter to step up as primary guardian to the Departed Loved One’s profile.
The Company may determine which modifications to Memorial Profiles are included within the applicable Subscription. Certain modifications, restoration services, design changes, additional storage, QR-code services or other premium features may require payment of additional fees.
Applicable fees shall be displayed before the relevant service is ordered.
Except where required by Applicable Law or expressly stated otherwise, Subscription fees and other payments are non-refundable. Refund requests shall be assessed in accordance with Applicable Law and the Company's refund policy, if any.
The Company may offer promotional pricing, discounts, free trial periods or complimentary services.
Unless expressly stated otherwise:
The Company may introduce, modify or discontinue Subscription plans and related features at any time. Where such changes materially affect an existing Subscription, the Company will provide prior notice in accordance with Applicable Law. Legacy Guardians who do not agree to the changes may cancel their Subscription before the changes become effective.
The Legacy Guardian is responsible for any taxes, duties or governmental charges applicable to the purchase of the Subscription, except where Applicable Law requires the Company to collect and remit such amounts.
The Service enables registered Users to create Memorial Profiles dedicated to commemorating Departed Loved Ones. The functionalities available for each registrated User type may differ depending on the applicable Subscription plan and the features made available by the Company.
A Memorial Profile’s purpose is commemorative only as it is intended to preserve the memory of a Departed Loved One through User Content uploaded and the Echo Video generated by the Legacy Guardian. Nothing contained in a Memorial Profile constitutes an official record of death, identity, family relationship, inheritance rights or any other legal status.
The Legacy Guardian represents and warrants that they have a legitimate basis for doing so and that the creation, publication and maintenance of the Memorial Profile does not knowingly violate Applicable Laws or the rights of any third party. The Company does not verify whether the Legacy or Successor Guardian is related to the Departed Loved One or otherwise entitled to create the Memorial Profile unless verification is required by Applicable Law or becomes necessary in connection with a legal claim.
Each Memorial Profile shall be administered through the Account of the User who created it.
Unless otherwise provided by these Terms or by specific functionality of the Service, only the creating User may:
The creation of a Memorial Profile does not grant the Legacy Guardian any legal rights over the identity, memory, estate or intellectual property of the Departed Loved One.
The Service may allow Legacy Guardians to determine the visibility of a Memorial Profile, including, where available within the subscription:
The Company does not guarantee that Content shared by a User will remain confidential once access has been granted to third parties by the User as the main goal is to create a publicly accessible Digital Hall of Echoes. Users remain responsible for selecting the appropriate settings for their profiles and to pay the applicable subscription fees accordingly.
Where available, the Company may provide QR codes or similar technologies linking to Memorial Profiles including a physical Echo Plaque guiding the visitors digitally to the Memorial Profile. The User acknowledges that:
Users may modify Memorial Profiles using the functionality available under their Subscription. Certain modifications or additional services may be subject to additional fees.
The Company reserves the right to limit or discontinue specific editing functionalities where reasonably necessary for technical, legal or operational reasons.
Subject to these Terms and Applicable Law, Legacy Guardians may request the deletion of a Memorial Profile they have created or succeeded. Deletion requests shall be carried out in accordance with the Company's data retention practices and the Privacy Policy. Deletion of a profile does not automatically affect any legal obligations requiring the Company to retain certain information.
The Service is designed on the principle that, as a general rule, one Memorial Profile should exist for each Departed Loved One. The Company does not guarantee and does not actively verify whether multiple Memorial Profiles exist for the same Departed Loved One and assumes no responsibility for duplicate profiles created by different Users. If Users independently create Memorial Profiles concerning the same individual, the Company may, at its sole discretion:
The Company has no obligation to determine which profile is more accurate or which User has superior rights to administer the profile.
The Company may suspend, restrict access to, archive or remove any Memorial Profile or Legacy Profile where it reasonably believes that:
Where reasonably practicable, the Company will notify the User of such action and provide an opportunity to respond, unless immediate action is necessary to prevent harm, comply with Applicable Law or protect the integrity of the Service.
Users shall ensure that all Memorial Profiles and related Content are created and maintained in a manner consistent with human dignity, respect for the deceased and the legitimate interests of surviving family members or other affected persons. The Company reserves the right to remove or restrict any Content that it reasonably considers disrespectful, degrading or otherwise incompatible with this purpose.
By creating a Memorial Profile, the User represents and warrants that, to the best of their knowledge and belief:
The Company does not independently verify these representations.
Users are responsible for ensuring that names, dates, photographs, biographical information and other Content relating to a Departed Loved One are accurate to the best of their knowledge. of a User becomes aware that material information is inaccurate, they shall promptly correct or remove the relevant Content. The Company assumes no responsibility for verifying the historical or factual accuracy of Memorial Profiles.
The Company acknowledges that relatives, heirs, estate representatives or other persons may assert legal rights relating to a Memorial Profile under Applicable Law. The Company may receive and review requests concerning:
Receipt of such a request does not automatically require the Company to remove the relevant Memorial Profile.
The Company does not determine who is legally entitled to create, manage, modify or request removal of a memorial profile.
Where multiple persons assert conflicting rights regarding a Memorial Profile, the Company is not required to determine the legal merits of those claims. Where the Company reasonably considers that a genuine legal dispute exists, it may:
Nothing in these Terms obliges the Company to investigate family relationships, inheritance rights or other legal questions.
Except where required by Applicable Law, a court order or other legally binding obligation, the Company shall not disclose the identity or contact details of a User to a third party solely because that third party disputes a Memorial Profile. Where appropriate, the Company may instead forward the complaint to the relevant User or otherwise facilitate communication without disclosing personal information.
Users agree to cooperate in good faith with the Company where questions arise concerning the legality or accuracy of a Memorial Profile. Such cooperation may include correcting inaccurate information, removing disputed Content, providing supporting documentation or responding to legitimate complaints within a reasonable time. Failure to cooperate may result in suspension or removal of the Memorial Profile.
The publication of a Memorial Profile does not constitute recognition by the Company that:
The Company acts solely as the provider of the Service and does not adjudicate legal rights relating to Departed Loved Ones.
Users are solely responsible for all User Content that they upload, submit, publish, store, transmit or otherwise make available through the Service. The Company does not assume responsibility for the accuracy, legality, authenticity or appropriateness of User Content. Each User remains solely responsible for the consequences of publishing User Content through the Service.
Except for the rights expressly granted under these Terms, Users retain ownership of all intellectual property rights they hold in their User Content. Nothing in these Terms transfers ownership of User Content to the Company.
By uploading or otherwise making User Content available through the Service, the User grants the Company a worldwide, non-exclusive, royalty-free, sublicensable licence, for the duration necessary to provide the Service, to host, store, reproduce, back up, format, adapt for technical purposes, compress, index, display, transmit, distribute to persons authorized by the User, create technical copies and otherwise process the User Content solely to the extent necessary to operate, maintain, improve and secure the Service. This licence terminates when the relevant User Content is permanently deleted from the Service, except to the extent retention is required by Applicable Law, backup procedures or the resolution of legal disputes.
By uploading User Content, the User represents and warrants that:
Users acknowledge that photographs, videos or other Content may include persons other than the Departed Loved One. Users shall ensure that they have an appropriate legal basis for publishing such Content through the Service. Where publication of such Content infringes the rights of another person, the User shall promptly remove or modify the Content upon becoming aware of the issue. The Company may remove or restrict access to such Content where it reasonably believes that third-party rights may have been infringed.
Users shall not upload any material protected by copyright or other intellectual property rights unless they have obtained all necessary rights or are otherwise legally entitled to use such material. The Company may remove allegedly infringing material upon receipt of a sufficiently substantiated complaint or where otherwise required by Applicable Law. Repeated infringement may result in suspension or termination of the User's Account.
Where the Service permits the upload or creation of AI-generated, AI-assisted or otherwise synthetic Content, the User remains fully responsible for such Content. Users shall not upload or generate Content that falsely represents a person in a misleading, defamatory or unlawful manner or otherwise infringes the rights of any individual. The Company reserves the right to require AI-generated Content to be identified as such where appropriate.
The Company has no general obligation to monitor, actively seek facts or circumstances indicating illegal activity, or proactively review User Content before or after publication, except where otherwise required by Applicable Law. The Company may, however, review, moderate, restrict, disable access to or remove User Content where it reasonably considers such action necessary to:
Except where required by Applicable Law, nothing in these Terms shall be construed as imposing on the Company a general obligation to monitor User Content or to actively seek facts or circumstances indicating illegal activity.
The Company will use reasonable efforts to preserve User Content while the relevant Account and Memorial Profile remain active. However, Users are solely responsible for maintaining independent backup copies of their original photographs, videos, audio recordings and other materials. The Company does not guarantee that User Content can always be restored following deletion, technical failure or termination of the relevant Subscription.
Users may modify or remove their own User Content using the functionality made available through the Service. The Company may retain limited technical copies, backup copies or archived versions for a reasonable period where required for security, disaster recovery, compliance with Applicable Law or the establishment, exercise or defence of legal claims. Removal of User Content from public view does not necessarily result in its immediate or irreversible deletion from all technical systems.
The Service is intended to provide a respectful environment for remembering Departed Loved Ones and preserving personal memories. Users shall interact with the Service in a lawful, respectful and responsible manner and shall refrain from publishing any Content that is inconsistent with the commemorative purpose of the Service.
Users shall not upload, publish, transmit or otherwise make available any Content that:
Users shall not knowingly create Memorial Profiles intended to deceive other Users regarding:
This provision shall not prohibit artistic, fictional or clearly identified commemorative projects that cannot reasonably be mistaken for factual memorials.
AI-generated, AI-assisted or otherwise synthetically created Content may only be published where its use does not mislead Users or infringe the rights of any person. Where the Company reasonably considers that AI-generated Content materially alters historical reality or creates a misleading representation of a Departed Loved One, it may require such Content to be modified, labelled or removed.
Unless expressly authorized by the Company, Users shall not use Memorial Profiles for:
The Service, including its software, design, source code, trademarks, logos, graphics, databases and other proprietary materials, is owned by or licensed to the Company and is protected by intellectual property laws. Except as expressly permitted by these Terms, no rights are granted to Users in relation to the Company's intellectual property.
Ownership of User Content remains with the relevant User or other rightful owner. Nothing in these Terms transfers ownership of User Content to the Company.
Users are solely responsible for ensuring that they possess all necessary rights to upload photographs, videos, music, written materials or other Content as laid out in these Terms. Where Content depicts identifiable living persons, Users remain responsible for ensuring that publication complies with Applicable Law.
Where a Memorial Profile is publicly accessible, the User grants other Users a limited, non-exclusive, non-transferable licence to access and view the Content solely through the functionality of the Service for personal, non-commercial commemorative purposes. No User may copy, reproduce, distribute, publish or commercially exploit another User's Content without appropriate authorization.
All rights not expressly granted under these Terms are reserved by the Company and the respective rights holders.
Any person who believes that Content available through the Service:
may submit a notice to the Company using the reporting mechanism designated by the Company.
A notice should include, where applicable (i) identification of the disputed Content; (ii) explanation of the alleged infringement; (iii) supporting documentation where reasonably available; (iv) contact details of the complainant; and (v) a statement that the information provided is accurate to the best of the complainant's knowledge. The Company may request additional information where reasonably necessary.
The Company shall review notices within a reasonable time. The Company may reject manifestly unfounded notices; request further information; temporarily restrict access to the Content; contact the User concerned; remove the Content; or take any other reasonable measure permitted by Applicable Law.
Where appropriate, the affected User may submit a counter-notice explaining why the Content should remain available. Submission of a counter-notice does not oblige the Company to restore the Content.
Except where required by Applicable Law, the Company does not determine ownership, inheritance rights, copyright ownership or other disputed legal rights between private parties.
Users who repeatedly submit unlawful Content or repeatedly file manifestly unfounded notices may have their Accounts suspended or terminated.
The Company may, at its sole discretion and acting reasonably, remove, disable access to, restrict, archive or otherwise moderate Content where it reasonably believes that:
Where appropriate, the Company may temporarily suspend access to disputed Content while it conducts a review or awaits additional information. Temporary suspension shall not constitute a determination that the Content is unlawful.
The Company may permanently remove Content where:
Unless prohibited by Applicable Law or inappropriate in the circumstances, the Company shall use reasonable efforts to notify the affected User of any significant moderation decision and, where appropriate, provide information regarding available review procedures.
Removal of Content does not affect any legal rights or obligations that arose prior to its removal. The Company may retain copies of removed Content where necessary for compliance with Applicable Law; investigation of complaints; exercise or defence of legal claims; fraud prevention; security; or backup and disaster recovery.
The Company shall not be liable for losses arising from good faith moderation decisions taken in accordance with these Terms or Applicable Law, except to the extent such liability cannot be excluded under mandatory law.
Users acknowledge that photographs, videos (incl the Echo Videos), audio recordings and other User Content may include identifiable living persons. Users shall ensure that the collection, upload, publication and continued availability of such Content complies with Applicable Law and does not unlawfully infringe the rights or legitimate interests of any living person.
The User is solely responsible for determining whether they have an appropriate legal basis to publish Content depicting or otherwise relating to identifiable living persons. The Company does not verify whether any consent, authorization or other legal basis has been obtained prior to publication.
Any identifiable living person, or a person acting on their behalf where legally authorized, may notify the Company that Content available through the Service allegedly infringes their rights. Upon receipt of such notice, the Company may:
Users shall not intentionally publish personal information concerning living persons where such publication would expose those individuals to unlawful risks, identity theft, harassment or other serious harm. Without limitation, Users should avoid publishing residential addresses; personal identification numbers; passport numbers; payment card information; banking credentials; passwords; medical records; or other sensitive confidential information, unless publication is expressly permitted under Applicable Law.
The availability of privacy settings does not relieve Users of their legal responsibilities. Users remain solely responsible for determining whether Content should be publicly accessible, password-protected or otherwise restricted.
Where the Company reasonably believes that User Content infringes the rights of a living person, it may remove, restrict, anonymize or otherwise modify the availability of such Content in accordance with these Terms. Nothing in this Section requires the Company to proactively monitor User Content.
Recognizing that the Service is intended to preserve digital memories over time, the Company provides functionality allowing certain arrangements to be made regarding the administration of a User's Legacy Profile or Memorial Profiles following the User's death.
Where available, a User may designate one or more Successor Guardians through the Service. The Successor Guardian serves solely as an administrative contact designated by the Legacy Guardian. Appointment as a Successor Guardian does not create ownership of the Account; inheritance rights; succession rights; contractual rights against the Company; or any ownership of User Content, except to the extent expressly provided by these Terms or Applicable Law. The Company shall not be responsible for investigating and adjucating any questions concerning the rights listed above.
Subject to the functionality of the Service and Applicable Law, the Company may permit a verified Successor Guardian to receive notifications concerning the relevant Memorial Profile; renew or maintain an existing Memorial Profile subscription; administer the continued availability of a Memorial Profile; manage visibility settings; perform other administrative actions expressly made available through the Service.
The Successor Guardian shall not obtain unrestricted access to the User's private Account or unpublished Content unless the User expressly enabled such access through the Service and Applicable Law permits it. If a Successor Guardian takes over management of the Memorial Profile, the rules applicable to the Legacy Guardian will apply to the Successor Guardian going forward
Where no Successor Guardian has been designated, the Company may consider requests submitted by persons claiming a legal interest under Applicable Law. The Company shall have no obligation to transfer administrative rights or provide access merely because a person claims to be a relative, heir or estate representative. The Company may require a court order, probate documentation or any other evidence reasonably considered appropriate.
Unless otherwise provided under the applicable Subscription plan, the death of a Legacy Guardian does not automatically terminate the Subscription. The Company may continue providing the Service until the Subscription expires; payment is no longer received; a verified Successor Guardian requests otherwise; a person legally entitled under Applicable Law requests otherwise; or the Company otherwise terminates the Subscription in accordance with these Terms.
The Company may refuse any request relating to a deceased User's Account where:
While the Company aims to preserve Memorial Profiles for as long as reasonably practicable, the Company does not guarantee perpetual storage or permanent availability of any Account or Content.
Unless expressly agreed otherwise in writing, no User acquires a perpetual right to storage or hosting of User Content solely by creating an Account or purchasing a Subscription.
The Company is a provider of an online memorial platform and is not a court, arbitral tribunal, mediator or other dispute resolution body. The Company does not adjudicate disputes relating to:
Nothing in these Terms shall be construed as requiring the Company to determine the merits of competing legal claims.
Where the Company receives information suggesting that a genuine dispute exists concerning a Memorial Profile or User Content, it may request additional information from one or more interested parties. The Company may also invite the parties to resolve the matter directly or through an appropriate legal or alternative dispute resolution process.
Pending clarification or resolution of a dispute, the Company may, acting reasonably and proportionately:
Any interim measure shall not constitute a determination on the merits of the dispute.
Where reasonably necessary, the Company may request documentation from any person asserting rights in relation to a Memorial Profile or User Content. Such documentation may include, where appropriate:
The Company may determine, acting reasonably and in good faith, whether the information provided is sufficient for the purposes of these Terms.
Where a competent court, public authority or other body having jurisdiction issues a legally binding decision concerning a Memorial Profile, User Content or an Account, the Company may comply with such decision to the extent required by Applicable Law. The Company shall not be required to challenge, interpret or appeal any such decision on behalf of any User.
Users agree to cooperate in good faith with the Company where a dispute arises concerning their User Content or Memorial Profile. Failure to respond within a reasonable period to requests for information or documentation may result in temporary suspension of the relevant Memorial Profile or other measures considered appropriate by the Company.
Where a dispute arises, the Company may preserve copies of relevant User Content, account information and associated technical records for the period reasonably necessary to:
Such preservation does not imply that the disputed Content will remain publicly accessible.
Except where required by Applicable Law, the Company has no obligation to independently investigate the truthfulness of factual statements; family relationships; succession rights; the authenticity of photographs, videos or other User Content; the legal ownership of intellectual property rights; or any other disputed factual or legal issue. The Company may rely in good faith on information and documentation provided by Users or third parties unless there are reasonable grounds to doubt its authenticity or accuracy.
Any action taken by the Company under this Section is intended solely to facilitate the operation of the Service and to reduce legal or operational risks. No decision taken by the Company under this Section shall be interpreted as recognizing or determining the legal rights of any party.
The Company shall use commercially reasonable efforts to make the Service continuously available in a secure, reliable and functional manner. The Service is provided using reasonable technical and organizational measures appropriate to its nature. However, uninterrupted availability cannot be guaranteed. The Service may be temporarily unavailable due to maintenance; upgrades; technical failures; security incidents; actions of third-party service providers; or circumstances beyond the Company's reasonable control. The Company shall not be liable for temporary interruptions of the Service except where mandatory law provides otherwise.
The Company may temporarily suspend or limit access to the Service for scheduled maintenance; software updates; infrastructure upgrades; security improvements; data migration; or other operational reasons. Where reasonably practicable, the Company will provide advance notice of scheduled maintenance through the Service or by other appropriate means.
Access to the Service may be interrupted without prior notice due to circumstances including, without limitation technical failures; telecommunications outages; failures of third-party service providers; cyberattacks or other security incidents; force majeure events; or any circumstance beyond the Company's reasonable control. The Company shall use reasonable efforts to restore the Service as soon as practicable.
The Company continuously develops and improves the Service. Accordingly, the Company may from time to time introduce new features; modify existing functionality; discontinue obsolete functionality; improve security measures; modify the user interface; improve technical architecture; or otherwise develop the Service. Such modifications do not constitute a breach of these Terms provided that the essential functionality of the Service is not materially reduced without reasonable justification.
The Company may modify, suspend or discontinue any feature of the Service where reasonably necessary for technical development; operational efficiency; legal or regulatory compliance; information security; prevention of abuse; changes in market conditions; or other legitimate business reasons. Where a change materially and adversely affects active Legacy Guardians, the Company will provide reasonable prior notice where required by Applicable Law.
The Service may rely upon third-party providers, including but not limited to cloud hosting providers; payment processors; email service providers; content delivery networks; authentication providers; and other technical service providers. The Company is not responsible for interruptions or failures caused solely by such third-party services, except to the extent required by Applicable Law.
The Company shall implement commercially reasonable technical and organizational measures designed to protect the security, confidentiality and integrity of the Service. However, no internet-based service can be guaranteed to be completely secure. Users acknowledge that transmission of information over the internet is inherently subject to risks beyond the Company's control.
The Company may maintain backup systems and disaster recovery procedures appropriate to the nature of the Service. However, the Company does not guarantee that any deleted, corrupted or lost User Content can always be recovered. Users are strongly encouraged to retain independent copies of all original photographs, videos, audio recordings and other valuable materials uploaded to the Service.
The Company may make available beta, preview, experimental or early-access features. Such features are provided on an "as available" basis and may be modified, suspended or discontinued at any time without notice. The Company makes no representation regarding the stability, availability or future development of experimental features.
Unless expressly agreed otherwise in writing, the Company does not undertake to operate the Service perpetually. If the Company decides to permanently discontinue the Service, it will use commercially reasonable efforts to:
Nothing in these Terms shall be interpreted as creating an obligation for the Company to maintain the Service indefinitely or to preserve any Memorial Profile permanently.
The Service is provided on an "as available" and "as is" basis, subject to Applicable Law. To the fullest extent permitted by Applicable Law, the Company disclaims all warranties, representations and guarantees, whether express, implied or statutory, except where such warranties cannot lawfully be excluded.
The Company does not warrant that the Service will always be available; access to the Service will be uninterrupted or error-free; the Service will be free from bugs, defects or vulnerabilities; defects will always be corrected; or the Service will remain unchanged over time. Temporary interruptions may occur due to maintenance, technical failures, cyber incidents, acts of third parties or circumstances beyond the Company's reasonable control.
The Company does not warrant or represent that any Memorial Profile, Legacy Profile or other User Content is accurate; complete; authentic; up to date; lawful; respectful; historically correct; or suitable for any particular purpose. Users acknowledge that all Memorial Profiles are created by Legacy Guardians and not by the Company.
The Company does not verify and makes no representation regarding whether a Departed Loved One actually existed; whether a Legacy Guardian is related to the deceased; whether a Legacy Guardian has obtained the consent or authorization of other family members; whether photographs, videos or other materials accurately depict the deceased; whether information concerning family relationships or historical events is correct.
The Company does not provide legal, genealogical, probate, inheritance, archival or historical verification services. Nothing published through the Service constitutes legal evidence of death; family relationship; succession rights; ownership of intellectual property; authenticity of historical events; or any other legal or factual matter.
While the Company seeks to preserve Memorial Profiles and Legacy Profiles for as long as reasonably practicable, it does not warrant that any User Content will remain available permanently. Users acknowledge that long-term digital preservation depends upon numerous technical, financial, legal and operational factors beyond the Company's reasonable control. Accordingly, the Company does not guarantee perpetual storage, perpetual hosting or permanent accessibility of any User Content.
The Company makes no warranty regarding services, products or infrastructure provided by third parties, including payment providers; cloud hosting providers; internet service providers; email providers; authentication services; or QR code production or delivery partners. The availability and quality of such services remain subject to the terms and operational practices of the relevant third parties.
Legacy Guardians are solely responsible for: maintaining copies of original Content; verifying the accuracy of published information; obtaining all necessary permissions and rights; selecting appropriate privacy settings; and ensuring that their use of the Service complies with Applicable Law.
The Company recognizes the personal significance of Memorial Profiles. However, the Company cannot warrant that the Service will satisfy every emotional, commemorative, cultural or family expectation relating to the remembrance of a Departed Loved One. The Company provides a technological platform and does not undertake responsibility for personal, familial or social outcomes associated with its use.
Nothing in these Terms excludes, restricts or limits any statutory rights or remedies that cannot lawfully be excluded under Applicable Law.
To the fullest extent permitted by Applicable Law, the Company's total liability arising out of or relating to the Service shall be limited as set out in this Section. Nothing in these Terms limits or excludes liability where such limitation or exclusion is prohibited by Applicable Law.
The Company shall not be liable for the accuracy of User Content; false or misleading statements; defamatory material uploaded by Users; infringement of third-party rights caused by User Content; disputes between Users; disputes involving relatives, heirs or other interested persons; emotional distress arising from User Content; or decisions made by Users based on information published through the Service.
The Company shall not be liable for losses arising from good faith decisions to remove Content; suspend Memorial Profiles; restrict access; disable Accounts; request additional documentation; or otherwise moderate the Service in accordance with these Terms and Applicable Law.
To the fullest extent permitted by Applicable Law, the Company shall not be liable for losses resulting from temporary service interruptions; internet failures; telecommunications failures; cyberattacks; malicious acts of third parties; failures of cloud infrastructure; software incompatibility; hardware failures; or force majeure events.
Except where caused by the Company's wilful misconduct or gross negligence, the Company shall not be liable for loss, corruption or destruction of User Content. Users acknowledge that they remain responsible for maintaining independent backup copies of valuable photographs, videos, audio recordings and other original materials.
The Company may provide continuously or as a seasonal offer the option to order personalized souvenirs or other items – such as the Echo Plaque with the QR code to the memorial Profile. In case the ordered item arrives to the addressee damaged or if it does not suffice the requirements the order specified and / or the Company undertook, the User may have the right to ask for a change of the item or repairment. If change or repairment is not possible, the User may be eligible for full or partial refund of the purchase price. The Company is not providing further contractual guarantee for any objects purchased.
To the fullest extent permitted by Applicable Law, the Company shall not be liable for any indirect damages; incidental damages; consequential damages; exemplary damages; punitive damages; loss of profits; loss of revenue; loss of goodwill; loss of opportunity; loss of reputation; emotional distress; or business interruption, whether arising in contract, tort (including negligence), statutory duty or otherwise, even if advised of the possibility of such damages.
To the fullest extent permitted by Applicable Law, the aggregate liability of the Company arising out of or relating to these Terms or the Service shall not exceed the greater of:
This limitation applies collectively to all claims arising from the same or related facts or circumstances.
The Company shall not be liable for any delay or failure to perform resulting from circumstances beyond its reasonable control, including events of force majeure.
Users acknowledge that disputes relating to User Content are generally to be resolved between the persons directly involved. Nothing in these Terms makes the Company responsible for the conduct or omissions of Users or third parties.
Where the User is a consumer and Applicable Law grants mandatory rights that cannot lawfully be waived or limited, those rights shall prevail over this Section to the extent of the inconsistency.
Nothing in these Terms excludes or limits liability for death or personal injury caused by the Company's negligence where such exclusion is prohibited by Applicable Law; fraud or fraudulent misrepresentation; wilful misconduct; gross negligence, where Applicable Law does not permit its exclusion; any other liability that cannot lawfully be excluded or limited.
To the fullest extent permitted by Applicable Law, the User agrees to indemnify, defend and hold harmless the Company, its affiliates, directors, officers, employees, contractors, agents and licensors from and against any and all claims, demands, proceedings, liabilities, damages, losses, judgments, fines, penalties, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to:
Where a third party asserts a claim against the Company arising from the User's conduct or User Content, the User shall cooperate with the Company in good faith, including by:
Failure to cooperate may constitute a material breach of these Terms.
The Company reserves the right, at its own expense, to assume the exclusive conduct of the defence or settlement of any matter otherwise subject to indemnification by the User. Where the Company exercises this right, the User shall continue to provide reasonable assistance as requested. Nothing in this Section obliges the Company to settle any claim.
The User shall not be required to indemnify the Company to the extent that a claim arises directly from (i) the Company's own breach of these Terms; (ii) the Company's willful misconduct; (iii) the Company's fraud; (iv) the Company's gross negligence where exclusion is not permitted under Applicable Law; or (v) any other circumstance for which indemnification would be unenforceable under Applicable Law.
The obligations contained in this Section shall survive the suspension or termination of the User's Account and shall continue for so long as any relevant claim may lawfully be brought.
The Company may suspend, restrict or terminate access to all or part of the Service where it reasonably believes that:
Where reasonably practicable, the Company shall notify the User of the reasons for the suspension. During suspension, the Company may: restrict access to the Account; disable editing functions; prevent publication of new User Content; suspend access to Memorial Profiles or Legacy Profiles; suspend Subscription benefits; and take any other reasonable technical measures necessary to enforce these Terms. Suspension does not terminate the contractual relationship unless expressly stated by the Company.
The Company may suspend access immediately, without prior notice, where it reasonably believes that immediate action is necessary to prevent imminent harm; protect the rights or safety of any person; preserve evidence; prevent unlawful activity; respond to a cybersecurity incident; or comply with Applicable Law.
The User may terminate their Account at any time through the functionality made available by the Service. Termination of an Account does not automatically entitle the User to a refund of Subscription fees unless required by Applicable Law.
The Company may terminate an Account where a serious or repeated breach of these Terms has occurred; the User has engaged in fraudulent or unlawful conduct; the User repeatedly uploads unlawful or infringing Content; continuation of the contractual relationship would expose the Company to unreasonable legal or operational risk; or the Service is permanently discontinued. Where practicable, the Company will provide prior notice before termination.
Upon termination the User's right to access the Service shall cease; active Subscriptions shall terminate in accordance with these Terms; the Company may deactivate or archive the relevant Account; Memorial Profiles and Legacy Profiles may become inaccessible or be removed in accordance with these Terms and the Privacy Policy. Termination does not affect rights or obligations that accrued prior to termination.
Following suspension or termination, the Company may retain User Content and related account information for the period reasonably necessary to:
After expiry of the applicable retention period, the Company may permanently delete the relevant User Content.
Where technically feasible and subject to Applicable Law, the Company may permit Users to export certain User Content before permanent termination of an Account. The Company is under no obligation to maintain export functionality indefinitely or to support every file format originally uploaded by the User.
Termination of a User's Account does not necessarily require the immediate deletion of Memorial Profiles or Legacy Profiles. Subject to the applicable Subscription plan, the functionality of the Service and Applicable Law, the Company may:
Nothing in this Section creates an obligation for the Company to preserve any Memorial Profile indefinitely.
The Company may refuse to permit a User whose Account has been terminated for a material breach of these Terms to create a new Account. The Company may also prevent the creation of new Accounts where reasonably necessary to enforce these Terms, protect other Users or comply with Applicable Law.
By creating an Account or otherwise using the Service, the User agrees to receive communications from the Company by electronic means, including via email; notifications within the Service; notifications displayed on the Company's website; other electronic communication channels made available by the Company. The User acknowledges that electronic communications satisfy any legal requirement that such communications be made in writing, except where Applicable Law provides otherwise
The User shall maintain accurate and up-to-date contact information, including a valid email address associated with the Account. The Company shall not be responsible for any consequences resulting from the User's failure to maintain accurate contact information.
Unless otherwise required by Applicable Law or expressly stated in these Terms:
The User is responsible for regularly checking their Account and email address for communications from the Company.
Unless otherwise specified by the Company, any legal notice or other communication intended for the Company shall be submitted using the contact details published on the Service. The Company may require certain requests to be submitted through designated reporting or support channels.
The Company may make these Terms and communications available in multiple languages. In the event of any inconsistency between language versions, the English version shall prevail unless mandatory Applicable Law requires otherwise.
These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Hungary excluding its conflict of laws rules. Nothing in these Terms deprives consumers of any mandatory rights granted under the laws of the country in which they habitually reside.
Before commencing formal legal proceedings, the parties shall use reasonable efforts to resolve any dispute through good faith discussions. Either party may notify the other of the existence of a dispute and request negotiations. Participation in such discussions shall not prejudice either party's legal rights.
Subject to mandatory consumer protection laws, the courts of Hungary shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service. Where Applicable Law grants a consumer the right to bring proceedings before the courts of their country of residence, nothing in this Section limits those rights.
Nothing in these Terms prevents the Company from seeking interim, injunctive or other equitable relief before any court of competent jurisdiction where reasonably necessary to protect (i) intellectual property rights; (ii) confidential information; (iii) the security of the Service; or (iv) the rights of Users or third parties.
To the fullest extent permitted by Applicable Law, any claim arising out of or relating to these Terms or the Service shall be brought within one (1) year after the claimant became aware, or reasonably should have become aware, of the circumstances giving rise to the claim. This limitation shall not apply where a longer limitation period is mandatory under Applicable Law.
These Terms, together with the Privacy Policy, Cookie Policy and any other documents expressly incorporated by reference, constitute the entire agreement between the User and the Company regarding the use of the Service. They supersede all prior discussions, understandings and agreements relating to the same subject matter.
The Company may amend these Terms from time to time where reasonably necessary, including to (i) comply with Applicable Law; (ii) improve the Service; (iii) reflect changes to business operations; (iv) address security concerns; or (v) introduce new functionality. Where required by Applicable Law, Users shall receive reasonable prior notice of material amendments. Continued use of the Service after the effective date of the amendments constitutes acceptance of the revised Terms.
The User may not assign or transfer any rights or obligations under these Terms without the Company's prior written consent. The Company may assign or transfer these Terms, in whole or in part, including in connection with a merger; acquisition; corporate restructuring; sale of assets; or transfer of the Service. Such transfer shall not reduce the User's mandatory rights under Applicable Law.
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by Applicable Law. The remaining provisions shall remain in full force and effect.
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision. Any waiver shall be effective only if made expressly in writing.
Nothing contained in these Terms creates any partnership, agency, employment, fiduciary or joint venture relationship between the Company and any User.
Any provision which, by its nature, is intended to survive termination shall remain in effect after termination of these Terms, including, without limitation: ownership provisions; licences; intellectual property rights; disclaimers; limitation of liability; indemnification; dispute resolution; governing law; and any accrued rights or obligations.
The Company shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to natural disasters; war; terrorism; civil unrest; epidemics or pandemics; governmental actions; widespread internet or telecommunications failures; cyberattacks; labour disputes; or failures of third-party infrastructure. The Company shall use commercially reasonable efforts to mitigate the effects of such events where reasonably practicable.
Except where expressly provided in these Terms or required by Applicable Law, no person who is not a party to these Terms shall have any right to enforce any provision of these Terms.
Questions concerning these Terms, legal notices or requests relating to the Service may be submitted using the contact details published on the Service. The Company may designate different contact channels for different categories of requests, including legal notices, copyright complaints, privacy requests and customer support.
