Terms of Service
Effective Date: April 8, 2019
Last Updated: April 8, 2026
Welcome to LegacyMarker. These Terms of Service ("Terms") govern your use of the legacymarker.com website and related services (the "Service") operated by LegacyMarker ("we," "us," or "our"). By creating an account or using our Service, you agree to these Terms.
- Eligibility
You must be at least 13 years old to create an account. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent that you meet these requirements.
2. Accounts
You are responsible for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. You agree to provide accurate and complete information when creating your account and to keep it updated. We reserve the right to suspend or terminate accounts that violate these Terms.
3. Memorial Content
Your Content
You retain ownership of all content you upload to the Service, including photos, videos, text, and biographical information ("Your Content"). By uploading content to a memorial, you grant LegacyMarker a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute Your Content solely for the purpose of operating and providing the Service. This license continues for as long as the content remains on our platform.
Content Guidelines
You agree not to upload content that is illegal, defamatory, harassing, threatening, or violates another person's rights. You must have the right to share any content you upload, including photos of others. You are responsible for ensuring that memorial content is accurate and respectful. We reserve the right to remove content that violates these guidelines.
Public Memorials
Memorial pages are publicly accessible. Anyone with the memorial URL or QR code can view the memorial content. By creating a memorial, you understand and agree that the content will be publicly visible.
Collaborative Editing
If you share editing access to a memorial, you are responsible for the actions of those you grant access to. We are not responsible for content added by collaborators.
4. AI Features
AI Research
Our AI Research feature searches publicly available sources to discover information about memorialized individuals. Results are presented for your review and approval. We do not guarantee the accuracy, completeness, or relevance of AI-discovered information. You are responsible for reviewing and approving all AI-generated content before it is added to a memorial.
AI Photo Enhancements
Our AI photo restoration, colorization, and animation features use third-party AI models to process your images. Original photos are always preserved. AI-enhanced versions are generated copies. Results may vary in quality and accuracy. AI photo enhancements consume credits as described in our pricing.
5. QR Code Plaques
Plaque purchases are one-time transactions. Plaques are custom products and are non-refundable once produced. We ship plaques to the address provided at checkout. We are not responsible for damage that occurs after delivery. The QR code on each plaque links to the associated memorial page and will remain functional as long as the Service is operational. Plaque purchases unlock expanded memorial features as described on our pricing page.
6. Subscriptions and Payments
Premium Subscriptions
Premium subscriptions are billed monthly ($4.99) or annually ($29.99) through Stripe. Subscriptions automatically renew unless canceled before the renewal date. You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period. Upon cancellation, your account reverts to free-tier limits, but existing content is not deleted.
AI Photo Credits
AI photo enhancement credits can be purchased in packs. Purchased credits do not expire. Monthly credits included with subscriptions reset each billing cycle and do not roll over.
Refunds
Subscription payments are non-refundable except as required by law. If you believe you were charged in error, contact us within 30 days of the charge.
7. Virtual Tributes
Standard tributes (candles and flowers) are displayed on memorials for 30 days. Eternal tributes are subscription-based and display for as long as the subscription is active. Premium subscribers receive virtual tributes at no additional cost. Virtual tributes are digital features only and do not represent physical goods.
8. Transfer Codes
Memorials created as gifts or by funeral home partners include a transfer code. When a transfer code is redeemed, full ownership and editing rights transfer to the recipient. Transfers are permanent and cannot be reversed. The original creator loses editing access upon transfer.
9. Funeral Home Partners
Funeral home partners operate under a separate Partner Agreement. Partner subscriptions are billed monthly. Partners receive wholesale plaque pricing based on their tier. Partners may create memorials on behalf of families. Memorials created by partners can be transferred to families via transfer codes. Partner websites built through our platform are subject to the website publishing fee. We reserve the right to modify partner pricing and features with 30 days' notice.
10. Prohibited Uses
You agree not to:
Use the Service for any unlawful purpose. Create memorials for living individuals without their consent (except for pre-planning purposes). Upload malicious code, spam, or unauthorized automated content. Attempt to access other users' accounts or private data. Scrape, crawl, or use automated tools to extract data from the Service. Resell or commercially redistribute the Service without a partner agreement. Impersonate another person or entity. Interfere with or disrupt the Service or its infrastructure.
11. Intellectual Property
The Service, including its design, features, code, and branding, is owned by LegacyMarker and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any part of our Service. The LegacyMarker name, logo, and related marks are our trademarks.
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THE ACCURACY OF AI-GENERATED RESEARCH OR PHOTO ENHANCEMENTS. WE MAKE NO WARRANTIES REGARDING THE DURABILITY OR LONGEVITY OF PHYSICAL PLAQUE PRODUCTS BEYOND NORMAL USE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEGACYMARKER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
14. Indemnification
You agree to indemnify and hold harmless LegacyMarker, its officers, directors, and employees from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these Terms.
15. Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will make reasonable efforts to notify users of significant changes. We are not liable for any modification, suspension, or discontinuation of the Service.
16. Governing Law
These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Maricopa County, Arizona.
17.. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
18. Contact Us
If you have questions about these Terms, contact us at:
Email: [email protected]
LegacyMarker Phoenix, AZ