Terms of Service

Everlasting Unions, a DBA of Spolfig LLC · Effective Date: August 1, 2026 · Version 3.0
Governing Law: State of Utah, United States

1. Acceptance & Eligibility

These Terms of Service ("Terms") constitute a binding legal agreement between you ("User," "you") and Everlasting Unions, a DBA of Spolfig LLC ("Company," "we," "us"), a company organized under the laws of the State of Utah, United States.

By accessing or using everlastingunions.com or memorial.everlastingunions.com (the "Platform"), you confirm that you:

• Are at least 18 years of age, or have the express consent of a parent or legal guardian;
• Have the legal capacity to enter into a binding agreement;
• Are not barred from receiving services under applicable law;
• Have read, understood, and agree to these Terms and our Privacy Policy.

If you are using the Platform on behalf of an organization (e.g., a funeral home), you represent that you have the authority to bind that organization to these Terms.

2. Service Description

Everlasting Unions provides a digital memorialization platform that allows individuals and funeral home businesses to create, host, and share permanent digital memorials. Services include:

• Creation and hosting of digital memorial pages (human and pet);
• Media storage (photos, videos, audio) for memorial content;
• Shared memory walls, messages, and tributes from visitors;
• AI-powered "Voice of Memory" interaction features;
• Physical memorial plate fulfillment (where available);
• Business (B2B) management tools for funeral homes and partner organizations.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice where practicable.

3. Account Registration & Security

To use certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain the security and confidentiality of your credentials;
• Notify us immediately at support@everlastingunions.com of any unauthorized use of your account;
• Accept responsibility for all activity that occurs under your account.

We will not be liable for any loss resulting from unauthorized use of your account. You may not share your account with others or create multiple accounts to circumvent restrictions.

4. Subscription Plans & Payment

Access to premium features requires the purchase of a plan. All transactions are processed securely via Square, Inc., our payment processor. By making a purchase, you also agree to Square's Terms of Service.

• Pricing: Current prices are displayed at checkout and on the Plans page. Prices are in USD unless otherwise stated.
• Taxes: You are responsible for all applicable taxes in your jurisdiction.
• Renewal: Annual plans renew automatically unless cancelled prior to the renewal date.
• Plan Changes: Upgrading or downgrading a plan takes effect immediately or at the next billing cycle, as indicated at the time of change.
• Failed Payments: If a payment fails, access to premium features may be suspended until payment is resolved.

5. Refund Policy

Refund requests are reviewed on a case-by-case basis at our sole discretion. We may issue a full or partial refund in circumstances such as:

• Technical failure on our part that prevented service delivery;
• Duplicate charges caused by a billing error;
• Extraordinary circumstances presented at the time of request.

To request a refund, contact support@everlastingunions.com within 30 days of the charge with your order reference and reason. Physical plate orders cannot be refunded once the plate has entered production.

6. User Content & License

You retain full ownership of all content you upload to the Platform ("User Content"), including photos, videos, biographical text, and messages. By uploading User Content, you grant Everlasting Unions a worldwide, non-exclusive, royalty-free, sublicensable license to store, process, display, and distribute your User Content solely for the purpose of operating and improving the Service.

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit;
• Your User Content does not violate the intellectual property, privacy, or other rights of any third party;
• You have obtained all necessary consents to upload images or information about deceased individuals.

We do not claim ownership over User Content and will not use it for advertising without explicit permission.

7. Prohibited Conduct & Content

You agree not to upload, transmit, or promote any content that:

• Is defamatory, harassing, threatening, or abusive;
• Violates the privacy rights of any person, including deceased individuals;
• Infringes upon any copyright, trademark, or other intellectual property right;
• Contains explicit sexual material, graphic violence, or hate speech;
• Promotes illegal activities or constitutes fraud;
• Introduces malware, viruses, or any harmful code;
• Impersonates any person or entity;
• Harvests or scrapes user data from the Platform;
• Interferes with the Platform's security, integrity, or availability.

We reserve the right to remove any content and suspend or terminate any account that violates these provisions, without prior notice and without refund.

8. B2B Partner Terms

Funeral homes, hospices, and other organizations ("Partners") may access the Platform under a commercial B2B agreement. Partners agree to the following additional terms:

• Authorized Use: The Platform may be used only for legitimate memorialization services on behalf of families you serve.
• User Management: Partners are responsible for all activity conducted by agents and staff under their account.
• Data Responsibility: Partners are responsible for obtaining all necessary consents from families before uploading their personal data.
• Quota Limits: Memorial, agent, and branch limits are defined by the Partner's selected tier plan. Exceeding limits requires a plan upgrade.
• White-Label Terms: White-label features, where available, may not be used to misrepresent the underlying platform or violate any third-party rights.
• Termination: Termination of a B2B account results in the suspension of all sub-accounts and associated memorials. We will work with Partners to facilitate a data export before final deletion.

9. Digital Memorial Lifecycle & Data After Death

Everlasting Unions is designed to preserve memorials indefinitely for the duration of an active subscription. Users are encouraged to designate a Legacy Contact — a trusted person authorized to manage the memorial account after the account holder's death.

• If an account lapses due to non-payment, the memorial will be suspended. We will attempt to notify the account holder or Legacy Contact before deletion.
• Upon request by a verified next-of-kin or legal representative, we will provide a data export or transfer ownership of a memorial.
• Content will be retained for a minimum of 12 months after account suspension before permanent deletion, subject to applicable law.
• We are not a backup service. Users are responsible for maintaining independent copies of important content.

10. Artificial Intelligence Features

The Platform includes optional AI-powered features ("Voice of Memory") that generate responses based on content you provide. You acknowledge that:

• AI-generated responses are not statements of fact and may be imperfect or unexpected;
• You are responsible for the accuracy of the biography and content used to train the AI feature;
• We process AI interactions on private infrastructure and do not use your memorial data to train public AI models;
• You may disable AI features at any time from your memorial settings.

11. Intellectual Property

All Platform design, software, code, trademarks, logos, and non-user content are the exclusive property of Everlasting Unions, a DBA of Spolfig LLC, protected by United States and international intellectual property laws. You may not reproduce, modify, distribute, or create derivative works without our prior written consent.

12. DMCA & Repeat Infringer Policy

Everlasting Unions respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We have registered a Designated DMCA Agent with the U.S. Copyright Office as required by Section 512(c)(2).

Designated DMCA Agent:

Filing a Copyright Infringement Notice (Takedown): To report content you believe infringes your copyright, submit a written notice to our Designated Agent containing:

1. Your full legal name, address, telephone number, and email address;
2. Identification of the copyrighted work claimed to be infringed (or a representative list if multiple);
3. The URL or specific location of the allegedly infringing material on our Platform;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf;
6. Your physical or electronic signature.

Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification to our Designated Agent containing:

1. Your full legal name, address, telephone number, and email address;
2. Identification of the removed material and its location before removal;
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification;
4. A statement that you consent to the jurisdiction of the federal district court for the district in which your address is located, or Utah County, Utah if your address is outside the United States;
5. Your physical or electronic signature.

Upon receipt of a valid counter-notification, we will forward it to the original complainant. Unless the complainant files a court action within 10–14 business days, we may restore the removed content at our discretion.

Repeat Infringer Policy: Everlasting Unions maintains a strict policy regarding repeat copyright infringers. In accordance with 17 U.S.C. § 512(i), we will:

• Track accounts that have received valid DMCA takedown notices;
• Terminate the accounts of users who are determined to be repeat infringers — generally defined as accounts against which two or more valid, uncontested takedown notices have been filed within any 12-month period;
• Take appropriate action at our sole discretion in cases of egregious or obvious infringement, even upon a first offense.

B2B Partner accounts are jointly responsible for infringement by their agents and end users. Repeated infringement by agents under a Partner account may result in termination of the entire B2B account.

Misrepresenting that material is infringing is subject to liability under 17 U.S.C. § 512(f), including costs and attorneys' fees.

13. Third-Party Services

The Platform integrates with third-party services including but not limited to Square (payments), Backblaze B2 (media storage), Google (photo import), Facebook (photo import), and AI processing providers. Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the practices or content of third-party services.

14. Disclaimer of Warranties

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERLASTING UNIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Everlasting Unions, a DBA of Spolfig LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

17. Force Majeure

We will not be liable for delays or failure to perform our obligations under these Terms arising from causes beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, cyberattacks, pandemics, or failures of third-party infrastructure.

18. Account Suspension & Termination

We reserve the right to suspend or terminate your account, with or without notice, if we determine, in our sole discretion, that you have violated these Terms, engaged in fraud, or posed a risk to the Platform or other users. Upon termination:

• Your access to the Platform will be immediately revoked;
• Your User Content may be retained for a period per Section 9, then permanently deleted;
• Any outstanding fees remain due;
• Provisions of these Terms that by their nature should survive termination will survive.

You may terminate your account at any time by contacting us at support@everlastingunions.com.

19. Dispute Resolution & Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles.

Informal Resolution: Before initiating any legal proceeding, you agree to contact us at legal@everlastingunions.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of notice.

Jurisdiction: If the dispute cannot be resolved informally, both parties consent to the exclusive jurisdiction of the state and federal courts located in Utah County, Utah.

Class Action Waiver: You agree that any dispute shall be resolved individually, and you waive the right to participate in a class action lawsuit or class-wide arbitration.

Time Limitation: Any claim arising from these Terms must be brought within one (1) year after the claim arises, or it is permanently barred.

20. Changes to These Terms

We may update these Terms at any time. When we do, we will revise the "Effective Date" at the top of this page and, for material changes, notify registered users via email or in-app notification. Continued use of the Platform after the effective date of changes constitutes your acceptance of the updated Terms.

21. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full effect. These Terms, together with our Privacy Policy and any supplemental agreements, constitute the entire agreement between you and Everlasting Unions regarding the Platform.