Terms of Service

1. Description of Service

Funeraly is an AI-powered web application that helps users create personalized funeral speeches, eulogies, and tributes. Our service includes:

• AI-generated personalized funeral speeches based on information you provide.
• Optional features including audio transcription and photo analysis.
• A freemium model: preview your speech for free, pay for full access.
• Secure, private links to access your generated content (no user accounts required).

2. AI-Generated Content Disclaimer

Important: The speeches and content generated by Funeraly are created using artificial intelligence technology. You acknowledge and agree that:

• AI may produce errors: AI-generated content may contain factual inaccuracies, inconsistencies, or inappropriate content. You are solely responsible for reviewing, editing, and verifying all generated content before use.
• Not a substitute for professionals: Funeraly is not a substitute for funeral directors, grief counselors, religious leaders, or other professionals. Our service provides writing assistance only.
• Your responsibility: You are responsible for ensuring that any speech or content you use is accurate, appropriate, and suitable for your intended purpose.
• No guarantees: We do not guarantee that the AI-generated content will meet your specific needs, expectations, or requirements.

By using our Service, you accept full responsibility for reviewing and approving all content before use at any funeral, memorial, or other event.

3. Acceptable Use

You agree to use Funeraly only for lawful purposes and in accordance with these Terms. You represent and warrant that:

• You are at least 16 years of age.
• You have the legal right to use the Service in your jurisdiction.
• All information you provide is accurate and truthful.
• You have the right to share any information, images, or audio recordings you upload.
• Your use of the Service complies with all applicable laws and regulations.

4. Prohibited Uses

You agree not to use Funeraly for any of the following purposes:

• Hate speech or abuse: Creating content that promotes hatred, violence, discrimination, or harassment against any individual or group.
• Defamation: Creating false or misleading content intended to harm the reputation of any person, living or deceased.
• Illegal activities: Any use that violates local, national, or international laws or regulations.
• Privacy violations: Uploading images, audio, or information about individuals without proper authorization or consent, in violation of privacy laws.
• Non-funeral purposes: Using the Service for purposes unrelated to funeral speeches, eulogies, memorials, or tributes.
• Misuse of third-party content: Uploading copyrighted images, audio, or other content you do not have the right to use.
• Reverse engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise discover the source code or algorithms of our Service.
• Automated access: Using bots, scrapers, or automated tools to access or interact with the Service without our express permission.
• System interference: Attempting to interfere with, disrupt, or overload our systems or infrastructure.

We reserve the right to terminate access to the Service for any user who violates these prohibited uses.

5. Payment Terms

Pricing & Currencies

Funeraly operates on a freemium model. You can preview your generated speech for free. Full access to download, edit, and use your complete speech requires payment. We accept payments in USD, EUR, and GBP.

Payment Processing

All payments are processed securely through Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's terms of service and privacy policy. Your payment information is transmitted directly to Stripe and is not stored on our servers.

Refunds

We offer a full refund within 15 days of purchase if you are not satisfied with your speech. Please see our Refund Policy for complete details.

Chargebacks

If you have concerns about a charge, please contact us at hello@funeraly.app before initiating a chargeback with your bank or credit card company. We are committed to resolving any billing issues promptly. Filing a chargeback without first contacting us may result in additional fees and the suspension of your access to the Service.

6. Intellectual Property

Your Content

You retain ownership of all information, images, and audio recordings you provide to the Service. By using our Service, you grant us a limited, non-exclusive license to process your content solely for the purpose of generating your speech.

Generated Speeches

Upon purchase, you are granted a perpetual, non-exclusive license to use, modify, and share the generated speech for personal, non-commercial purposes related to funeral services, memorials, and tributes.

Our Service

All other aspects of the Service, including but not limited to the website design, logos, trademarks, software, and underlying technology, are the property of Funeraly and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service without our express written permission.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
• FUNERALY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• FUNERALY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE.
• FUNERALY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

8. Indemnification

You agree to indemnify, defend, and hold harmless Funeraly and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including privacy or intellectual property rights; or (d) any content you submit or upload to the Service.

9. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

10. Service Availability & Modifications

We strive to maintain the Service's availability but do not guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time.
• Update these Terms with reasonable notice (by updating the "Last updated" date).
• Refuse service to anyone for any reason.

11. Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Valencia, Spain.

For users in the European Union: You may also have the right to submit disputes to the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

12. Severability

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