Terms of Service

1 Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of MemoryMantle's website at memorymantle.ie, products, and services ("Services"), operated by MemoryMantle Ireland Ltd ("we", "us", "our").

By creating an account, making a purchase, or otherwise using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use our Services.

2 Description of Service

MemoryMantle is an Irish online memorial platform that provides the following services:

• Death Notices: Digital obituary listings (€2.99 one-time) with basic details, one photo, a shareable link, and 1 AI photo enhancement
• Memory Mantles: Paid, permanent digital memorials with up to 25 photos (Basic, €9.99) or up to 100 photos plus a life timeline and an HD slideshow video (Premium, €24.99), condolence books, and enhanced features
• Video Slideshows: Professional memorial video tributes with licensed music and HD quality. Slideshow videos are composed from your photos, music, theme, and text choices using our automated production pipeline and reviewed by our team before delivery
• AI Photo Enhancement: Credit-based photo restoration, colourisation, and enhancement powered by AI
• Condolence Books: Guestbook functionality allowing visitors to leave messages of condolence

Service Availability

We strive to maintain reliable access to our Services but do not guarantee uninterrupted availability. We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

Memorial Duration

• All death notices and memorials are permanent and will remain online indefinitely as long as our service operates

3 User Accounts

Account Creation

To create memorials, you must register for an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as needed
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised access
• Maintain only one account per person

Account Security

You are responsible for maintaining the confidentiality of your account credentials. We recommend using a strong, unique password.

4 Memorial Content

Your Responsibilities

You are solely responsible for the accuracy of all memorial content you create, including:

• Names, dates, and biographical information about the deceased
• Photographs and images you upload
• Obituaries, life stories, and family information
• Funeral and service details

Content Requirements

By uploading content, you represent and warrant that:

• The person commemorated has genuinely died — creating a notice or memorial for a living person is strictly prohibited (see Section 5: Verification, Reports & Indemnity)
• You have the right to publish information about the deceased person
• You own the photographs or have permission to use them
• The content is accurate to the best of your knowledge
• The content does not violate any third-party rights
• The content is not defamatory, obscene, or illegal
• You have consent from identifiable living individuals depicted in photos

Content Moderation

We reserve the right to remove content that violates these Terms or is otherwise objectionable, without prior notice. We do not verify the accuracy of memorial information but may offer optional verification features.

5 Verification, Reports & Indemnity

Submitter Warranty

When you create a death notice or memorial, you warrant (legally promise) that:

• The person named has genuinely died, and the death and funeral details you provide are true
• You are entitled to publish the notice or memorial — you are a family member, close friend, or authorised representative (such as a funeral director) acting with the family's knowledge
• The content does not infringe any third party's rights, including privacy, data protection, copyright, and the right to one's good name

Indemnity for False Notices

If you create a notice or memorial for a person who has not died, or otherwise breach the warranty above, you agree to indemnify MemoryMantle Ireland Ltd — that is, to compensate us in full — against all losses, damages, claims, legal costs, and regulatory penalties we suffer or incur as a result, including claims brought against us by the person named or their family.

Verification & Public Listing

Death notices may be published only by registered funeral directors, who are verified before they can publish. A death notice is listed publicly on publication. Families who wish to announce a death can ask the funeral director handling the arrangements to publish the notice, or create a memorial themselves.

Reports & Our Right to Remove

Every notice and memorial carries a Report button. When a page is reported, it is automatically removed from public listings, and reports that a notice is fake or that the person is alive additionally hide the page behind an under-review notice pending human review. Our review targets are set out in our takedown procedures and Community Guidelines.

We reserve the right to suppress, hide, remove, or refuse to list any notice or memorial, without refund, where:

• Verification fails or cannot be completed
• A report against the page is upheld on review
• The content otherwise breaches these Terms

6 Payments & Refunds

Pricing

All prices are displayed in Euros (EUR/€) and are inclusive of Irish VAT where applicable.

Payment Processing

Payments are processed securely through Stripe. By making a purchase, you agree to Stripe's Terms of Service. We do not store your complete credit card information on our servers.

Refund Policy & Cooling-off Waiver

Under the EU Consumer Rights Directive (2011/83/EU) you would normally have a 14-day right of withdrawal for distance purchases. Because our digital content (death notices, memorials, slideshows, AI credits, condolence access) is delivered immediately, Article 16(m) of the Directive allows you to waive this right when you give your express consent to immediate delivery.

At the point of purchase you will be asked to expressly consent to immediate delivery and to acknowledge that you thereby lose your 14-day right of withdrawal. Once you tick that box and pay, the service has been performed and the standard right of withdrawal no longer applies.

That said, we will still consider goodwill refunds in line with the table below — these are over and above your statutory rights:

• Death Notices: Refund available within 14 days if the notice has not been published publicly
• Memory Mantles: Full refund available within 14 days if the memorial has not been published or shared publicly
• Video Slideshows: Refund available if the slideshow has not yet been started or delivered. Rush slideshows are refundable at our discretion due to their expedited nature
• AI Credits: Unused credits are refundable within 14 days of purchase. Used credits are non-refundable
• Condolence Access: Refundable only if you have not yet posted any condolence on any memorial since purchase

To request a goodwill refund, contact [email protected] within the applicable period.

No refund (statutory or goodwill) is due where a notice or memorial is suppressed, hidden, removed, or refused listing because verification failed, a report against it was upheld, or it breached these Terms (see Section 5: Verification, Reports & Indemnity).

7 AI Photo Enhancement

Our AI photo enhancement service uses third-party AI technology (Replicate) to restore, colourise, and enhance photographs. By using this service, you acknowledge that:

• AI-generated results may not be perfect and are provided on a best-effort basis
• We are not responsible for the quality or accuracy of AI output
• Your original photographs are always preserved — enhancements are created as separate copies
• Photos are sent to Replicate's servers for processing (see our Privacy Policy for details)
• AI credits are consumed when an enhancement is processed, regardless of whether you are satisfied with the result

8 Intellectual Property

Your Content

You retain full ownership of all content you upload to MemoryMantle. We claim no ownership rights over your photos, text, or other materials.

By uploading content, you grant MemoryMantle a non-exclusive, worldwide, royalty-free licence to display, reproduce, and distribute your content solely for the purpose of providing our Services (i.e., displaying your memorial). This licence ends when you delete your content or close your account.

Our Property

The MemoryMantle name, logo, website design, software, and all related intellectual property are owned by MemoryMantle Ireland Ltd. You may not copy, modify, or distribute our intellectual property without written permission.

Feedback

If you provide feedback, suggestions, or ideas about our Services, you grant us the right to use this feedback without compensation or attribution.

9 Condolences & User-Generated Content

Our condolence book feature allows visitors to leave messages on memorials. The following rules apply:

• All condolence messages are subject to moderation for inappropriate content
• We may remove condolences that violate our content policies at our discretion
• Memorial creators can manage (approve, hide, or delete) condolences on their memorials
• By posting a condolence, you grant MemoryMantle permission to display it as part of the memorial
• Condolences must be genuine, respectful, and relevant to the memorial

10 Prohibited Use

You agree not to use our Services to:

• Create fake or misleading memorials for living persons
• Impersonate any person or entity
• Upload content that is defamatory, obscene, hateful, or illegal
• Post spam, harassment, or abusive content in condolence books
• Infringe on intellectual property rights of others
• Transmit viruses, malware, or harmful code
• Scrape, crawl, or use automated systems to access our Services without permission
• Attempt to gain unauthorised access to our systems or other user accounts
• Use the platform for commercial purposes unrelated to memorials
• Violate any applicable laws or regulations

11 Limitation of Liability

Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or completely secure.

Limitation of Damages

To the maximum extent permitted by Irish and EU law, MemoryMantle Ireland Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill.

Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount you paid us for the specific service giving rise to the claim.

Specific Limitations

• We are not liable for data loss, though we take reasonable precautions to prevent it
• We are not liable for AI photo enhancement results — these are provided as a best-effort service
• We are not responsible for the accuracy of memorial content submitted by users

Exceptions

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by Irish law.

12 Termination

Your Right to Terminate

You may close your account at any time by using the account deletion feature in your dashboard or by contacting us. Upon termination:

• Your death notices and memorials will remain online unless you specifically request removal
• Memorial content may be transferred to another user upon request
• Your personal data will be handled according to our Privacy Policy

Our Right to Terminate

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees
• Create risk or legal exposure for us or other users

We will provide reasonable notice before termination unless immediate action is required to protect our Services or other users.

13 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles.

Any disputes arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of Ireland.

Dispute Resolution

Before initiating legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will work in good faith to address your concerns within 30 days.

EU Consumer Rights

If you are a consumer in the European Union, your statutory rights under the EU Consumer Rights Directive are not affected by these Terms. You may submit disputes to the EU Online Dispute Resolution platform at ec.europa.eu/odr.

14 Changes to Terms

We may update these Terms from time to time. When we make material changes:

• We will provide at least 30 days notice before the changes take effect
• We will notify registered users via email
• We will update the "Effective" date at the top of this page
• Your continued use of our Services after the effective date constitutes acceptance of the modified Terms

If you do not agree with the updated Terms, you may close your account before the changes take effect.

15 Contact

For questions about these Terms of Service: