Terms of Service

1. Agreement to Terms

By creating an account, accessing, or using BestFarewell's platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you and BestFarewell, Inc., a Delaware C-Corporation ("BestFarewell," "we," "us," or "our").

These Terms apply to all users of the Service, including individual users ("Family Users"), funeral home professionals, estate planning professionals, and other organizational users ("Business Users").

Please also review our Privacy Policy and Disclaimer, which are incorporated into these Terms by reference.

2. Eligibility

You must be at least 18 years of age and possess the legal capacity to enter into a binding agreement to use the Service. By using the Service, you represent and warrant that you meet these requirements.

3. Description of Service

BestFarewell is an AI-powered end-of-life planning and memorialization platform. The Service includes, but is not limited to:

• Family Management System (FMS): Tools for organizing family member information, documents, and coordination before, during, and after a loss.
• SageLink AI Obituary Generator: An artificial intelligence system that generates draft obituaries based on user-provided biographical information.
• Sage AI Assistant: A bilingual AI assistant that helps users navigate estate planning preparation, memorial creation, and farewell planning.
• Memorial Pages: Digital memorial pages where users and visitors can share photos, videos, and condolences.
• Farewell Checklist: Step-by-step task management for funeral and estate-related logistics.
• Estate Planning Preparation Tool: A guided tool to help users organize assets, designate beneficiaries, and prepare information for professional advisors.
• MemoryReel: AI-assisted tribute video creation.

The Service is not a law firm, financial advisory firm, insurance provider, or healthcare provider. See our Disclaimer for more information.

4. Account Registration and Security

To access most features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Maintain the security and confidentiality of your login credentials.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately at team@bestfarewell.com if you become aware of any unauthorized use of your account.

We reserve the right to disable any account if, in our sole discretion, we determine that you have violated these Terms.

5. Subscription Plans and Payments

5.1 Plans and Pricing

BestFarewell offers the following subscription plans:

• Free Tier: Limited access to basic features.
• Monthly Plan ($9/month): Full access to all standard features.
• Annual Plan ($99/year): Full access to all standard features at a discounted rate.
• Lifetime Plan ($199 one-time payment): Full access to all standard features for the life of the Service.

Premium and enterprise plans may be available with additional features and pricing. Current pricing is displayed at bestfarewell.com/pricing and may be updated from time to time.

5.2 Billing and Renewal

Monthly and annual subscriptions renew automatically at the end of each billing cycle unless canceled before the renewal date. You authorize us to charge your designated payment method for all applicable fees.

5.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting team@bestfarewell.com. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the period you have already paid for.

5.4 Refunds

Refunds for monthly and annual plans are handled on a case-by-case basis. Lifetime plans are non-refundable after 30 days from the date of purchase. To request a refund, contact team@bestfarewell.com.

5.5 Payment Processing

Payments are processed through Stripe, Inc., a third-party payment processor. Your payment information is transmitted directly to Stripe and is not stored on BestFarewell's servers. Your use of Stripe's services is subject to Stripe's terms of service and privacy policy.

5.6 Effect of Subscription Lapse

If your subscription expires or is canceled:

• Your account remains accessible in a read-only state.
• You may export your data for 90 days following the end of your subscription.
• Memorial pages that are publicly accessible will remain active for 12 months following subscription lapse, after which they may be archived.
• After 12 months of inactivity with no active subscription, we may delete your account and associated data upon 30 days' written notice to your registered email address.

6. User Content

6.1 Your Content

"User Content" means any information, text, photographs, videos, audio recordings, biographical details, documents, or other materials that you submit, upload, or make available through the Service. This includes obituary inputs, family member profiles, memorial page content, estate planning information, and condolence messages.

You retain all ownership rights in your User Content. By submitting User Content, you grant BestFarewell a limited, non-exclusive, royalty-free, worldwide license to use, store, process, display, and transmit your User Content solely for the purposes of:

• Operating, maintaining, and providing the Service to you and your authorized family members.
• Processing your content through AI features you have chosen to use (such as SageLink AI obituary generation).
• Displaying memorial pages and condolences to audiences you have designated (public or private).
• Generating backup copies for data protection purposes.

This license terminates when you delete your User Content or your account, except as required for backup and disaster recovery purposes (which shall be purged within 90 days of deletion).

6.2 Content Restrictions

You agree not to submit User Content that:

• Is unlawful, defamatory, harassing, threatening, or fraudulent.
• Infringes the intellectual property or privacy rights of any third party.
• Contains malicious code, viruses, or harmful components.
• Impersonates another person or misrepresents your identity.
• Contains personal information about a minor under the age of 13 without parental consent.

6.3 Memorial Page Content from Visitors

Third-party visitors may submit condolence messages, photos, or memories to public memorial pages. Such visitor-submitted content is subject to these Terms. The memorial page creator (or their authorized family members) may moderate, remove, or report visitor-submitted content at any time.

6.4 Content Removal

We reserve the right to remove or disable access to any User Content that we determine, in our sole discretion, violates these Terms or applicable law, or that may be harmful, objectionable, or inaccurate. We will make reasonable efforts to notify you before or promptly after such removal, except where prohibited by law or where notification could cause harm.

7. AI-Powered Features

7.1 How AI Features Work

BestFarewell uses artificial intelligence to power features including obituary generation (SageLink AI), the Sage AI assistant, tribute video creation (MemoryReel), and related tools. When you use these features, the biographical and personal information you provide is processed by AI systems to generate content.

7.2 AI Content is a Draft

All AI-generated content, including obituaries, eulogies, tribute scripts, and planning suggestions, is provided as a draft for your review, editing, and approval. You are responsible for reviewing all AI-generated content before publishing, sharing, or distributing it. BestFarewell does not guarantee the accuracy, completeness, appropriateness, or originality of AI-generated content.

7.3 Your Data Is Not Used for AI Training

BestFarewell does not use your personal data, family information, obituary content, memorial contributions, or any other User Content to train, fine-tune, or improve AI models. Your data is processed solely to deliver the specific AI-powered features you have requested.

SageLink AI was developed using publicly available memorial content. Your private information is never added to any training dataset.

7.4 Third-Party AI Providers

BestFarewell uses third-party AI service providers to power certain features. These providers process your content through their APIs under contractual terms that prohibit the use of API inputs and outputs for model training. We select providers whose data handling practices align with our commitment to protecting your information.

7.5 Intellectual Property and AI Outputs

AI-generated content may inadvertently resemble existing works. BestFarewell does not warrant that AI-generated outputs are free from intellectual property claims by third parties. You assume responsibility for reviewing AI-generated content before use. If you believe any AI-generated content infringes your intellectual property rights, please contact us at team@bestfarewell.com.

8. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
• Use any automated means (bots, scrapers, crawlers) to access the Service without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse-engineer, decompile, or disassemble any aspect of the Service.
• Use the Service to send unsolicited commercial communications.
• Attempt to circumvent any security measures or access controls.
• Create accounts for the purpose of abusing free features or promotional offers.
• Use the Service to store or transmit content unrelated to end-of-life planning, memorialization, or family management.

9. Intellectual Property

9.1 BestFarewell's IP

The Service, including its design, features, functionality, SageLink AI technology, MemoryReel technology, Sage AI assistant, and all related trademarks, logos, and content created by BestFarewell, are owned by BestFarewell, Inc. and protected by United States and international intellectual property laws.

9.2 Your IP

As stated in Section 6.1, you retain ownership of your User Content. Nothing in these Terms transfers ownership of your content to BestFarewell.

9.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant BestFarewell an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

10. Third-Party Services

The Service integrates with third-party services to provide its functionality, including but not limited to:

• Stripe for payment processing.
• Clerk for authentication and account management.
• Third-party AI providers for AI-powered content generation.
• Cloud hosting and storage providers for data storage and delivery.

Your use of these third-party services is subject to their respective terms and privacy policies. BestFarewell is not responsible for the practices or content of third-party services.

11. Business User (B2B) Terms

11.1 Funeral Home and Professional Partners

If you access the Service as a funeral home, estate planning professional, hospice, or other organizational user through an affiliate, white-label, or enterprise arrangement, additional terms may apply as set forth in your separate partnership or service agreement with BestFarewell.

11.2 Affiliate Program

Funeral home affiliates who participate in BestFarewell's referral program are subject to the terms of their individual affiliate agreement. Affiliate payouts are calculated based on the terms specified in the applicable agreement.

12. Data Export and Portability

You may request an export of your User Content at any time through your account settings or by contacting team@bestfarewell.com. We will provide your data in a commonly used, machine-readable format within 30 days of your request.

13. Account Termination

13.1 Termination by You

You may delete your account at any time through your account settings or by contacting team@bestfarewell.com. Upon deletion:

• Your personal data and User Content will be permanently deleted within 30 days, except as required by law or as described in Section 13.3.
• Public memorial pages will be deactivated. You may request that they remain active by transferring ownership to another account holder prior to deletion.
• Any active subscriptions will be canceled without refund for the remaining billing period.

13.2 Termination by BestFarewell

We may suspend or terminate your account if:

• You materially breach these Terms.
• We are required to do so by law.
• Your account has been inactive for 24 months with no active subscription.

Except in cases of severe or illegal misuse, we will provide 30 days' written notice before terminating your account and will provide you with an opportunity to export your data.

13.3 Data Retention After Termination

Following account termination, we may retain certain data as required by law, to resolve disputes, or to enforce our agreements. Anonymized and aggregated data that does not identify you may be retained indefinitely for analytical purposes.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BESTFAREWELL DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
• AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR FREE OF INTELLECTUAL PROPERTY CLAIMS.
• THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.
• ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESTFAREWELL, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL BESTFAREWELL'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO BESTFAREWELL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BESTFAREWELL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

16. Indemnification

You agree to defend, indemnify, and hold harmless BestFarewell, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of any rights of a third party.

17. Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

17.2 Informal Resolution

Before filing any formal legal action, you agree to first contact us at team@bestfarewell.com and attempt to resolve the dispute informally for at least 30 days.

17.3 Arbitration

If the dispute is not resolved informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware. The arbitrator's decision shall be final and binding.

17.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17.5 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or equitable relief in any court of competent jurisdiction for claims related to intellectual property infringement or unauthorized access to the Service.

18. DMCA and Copyright Claims

BestFarewell respects the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please submit a notice to team@bestfarewell.com containing:

• A description of the copyrighted work you claim has been infringed.
• A description of where the infringing material is located on the Service.
• Your contact information (name, address, telephone number, and email).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
• Your physical or electronic signature.

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act.

19. Modifications to Terms

We may revise these Terms at any time. If we make material changes, we will notify you by email to the address associated with your account and/or by posting a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

20. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

21. Entire Agreement

These Terms, together with the Privacy Policy and Disclaimer, constitute the entire agreement between you and BestFarewell regarding the Service and supersede all prior agreements and understandings.