Terms of Service Memorians App
Updated on April 11, 2026
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These Terms of Service apply to your use of the Memorians app and the digital memorial service that accompanies it. The terms only cover the app and the digital service. Separate terms apply to the physical product. |
1. Definitions
In these Terms:
- “Memorians”, “we”, “us”, “our”: Memorians B.V., located at Molenstraat 125-B, 5701KB Helmond, The Netherlands, registered with the Chamber of Commerce under number 97458910.
- “App”: the Memorians mobile application available on iOS and Android.
- “Service”: the App, cloud storage, compilation service, and all related digital functionalities.
- “User”, “you”, “your”: any person who downloads, installs, or uses the App.
- “Memorian”: a physical NFC-enabled memorial ring or pendant linked to a digital memorial.
- “NFC Tag”: the Near Field Communication chip embedded in a Memorian.
- “Memorial”: the digital memorial page linked to a Memorian, including linked media.
- “Content”: all photos, videos, audio files, text, or other material added by users.
- “Compilation”: a memorial video generated by the Service from user-provided media.
- “Memorial Maker”: the person who initiates a memorial or adds content.
- “Product Holder”: the person who receives or uses the ring, pendant, or other memorial product.
- “Authorized Representative”: a person who can demonstrably act on behalf of a family, estate, or other rights holder regarding memorial content.
2. About the Service
Memorians offers a digital memorial service that combines physical NFC products with an app and cloud environment.
The Service enables you to:
- scan a Memorian with a compatible phone to view linked memorial content
- add photos, videos, and audio to a digital memorial
- create a compilation video with templates and uploaded media
- link a compilation to a Memorian so it can be viewed by scanning
- access linked condolence or memorial pages
Important: the App works without a traditional user account with username and password. Interactions may still be linked to session data, device-specific technical identifiers, product activation, memorial-specific access rights, and support information. To the extent such data can be traced back to a person or household, they are not fully anonymous.
3. Nature of the Service
Memorians is a memorial and digital remembrance service. It is not a will, estate planning instrument, legal archiving service, or notarial service and may not be used as a replacement for formal legal arrangements.
The Service is intended to honor and remember loved ones with digital content. The Service does not confer legal validity on documents, does not constitute an official register, and does not replace formal estate documentation.
4. Acceptance of the Terms
By downloading, installing, or using the App, you confirm that you have read and accept these Terms of Service and the Privacy Policy.
If you do not agree to these Terms, you may not use the App.
5. Age Requirement
You must be at least 16 years old to use the Service independently. If you are under 16 years old, you may only use the Service with the involvement and consent of a parent or legal guardian.
6. License to Use the App
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App on your personal mobile device for its intended purpose, namely viewing and managing memorial content.
You may not:
- copy, modify, distribute, sell, or rent any part of the App
- reverse engineer, decompile, or disassemble the App’s source code, except where legally permitted
- use the App for commercial purposes without our written consent
- attempt to bypass security measures or access restrictions
- use automated systems such as bots or scrapers to access the Service
- remove or modify copyright or other proprietary notices
This license automatically terminates if you breach these Terms.
7. Your Content
7.1 Ownership
You retain ownership of the Content you add to the Service. Memorians does not claim ownership of your photos, videos, audio files, or text.
7.2 License to Memorians
By adding Content to the Service, you grant Memorians a worldwide, non-exclusive, royalty-free, and sublicensable license to the extent necessary to perform and improve the Service. This includes storing, hosting, processing, converting, displaying, backing up, and technically reproducing your Content.
We do not use your Content for advertisements and do not sell it to third parties.
This license lasts as long as the Content remains on the Service. When valid deletion occurs, this license ends for future use, provided that reasonable technical phase-out and backup cycles are possible.
7.3 Your Responsibilities
By adding Content, you declare that:
- you own the Content or have all necessary rights and permissions
- you are authorized to add Content to the relevant memorial
- the Content does not infringe on third-party rights, including copyrights, privacy rights, and personality rights
- the Content is not unlawful, threatening, hateful, violent, misleading, or otherwise clearly inappropriate
- where necessary, you have permission from living persons who are visible or audible in the Content
- the Content fits within a memorial context and respects the dignity of the deceased
8. Memorial Content: Access, Authority, and Control
8.1 Roles and Access
Because the Service works without a traditional account, access may depend on the physical Memorian, an active session, a shared link, product activation, or other memorial-specific access rights.
8.2 Authority
Memorians may act on instructions from the person it reasonably considers to be the Memorial Maker, Product Holder, or other Authorized Representative.
8.3 Verification and Conflicts
For requests regarding modification, deletion, transfer, restriction, or release of memorial content, Memorians may request reasonable additional verification.
If authority, ownership, or representation rights are unclear or disputed, Memorians may suspend, refuse a request, or maintain the existing situation until, in its reasonable judgment, sufficient clarity exists.
Memorians is not obligated to substantively investigate or resolve family disputes, inheritance disputes, relationship disputes, or other interpersonal conflicts.
8.4 No Open Modification Obligation
Nothing in these Terms obligates Memorians to execute every modification request. Memorians may reject requests that are insufficiently substantiated, unlawful, constitute abuse, are technically disproportionate, or prejudice the rights or interests of others.
9. Compilation Videos
When you have a compilation video made, the source material remains yours, subject to the license included in Article 7. The compilation is technically assembled by the Service from the Content you provide.
10. NFC Tags and Physical Products
Memorians rings, pendants, and other physical products are separately supplied or sold. These Terms of Service apply exclusively to the App and the digital Service. Separate terms may apply to physical products.
A compatible smartphone is required to scan an NFC Tag.
11. Acceptable Use
You may not use the Service for unlawful, harmful, or inappropriate purposes. This includes, but is not limited to, uploading illegal content, disrupting the operation of the Service, abusing links or access rights, and violating third-party rights.
12. Intellectual Property
The App, software, templates, design, and all non-user-provided content are owned by or licensed to Memorians. These Terms do not grant you ownership rights to the App or the underlying technology.
13. Cloud Storage and Data
Content you add is stored on secure cloud infrastructure. A Memorian or memorial may be subject to storage limits or technical usage limits explained in the App or supporting documentation.
14. Push Notifications
The App may send push notifications, for example, to inform you that a compilation is ready. To the extent push notifications are not necessary for the operation of the Service, they will only be used in accordance with your settings and, where required, your consent.
15. Third-Party Services
The Service uses third parties for, among other things, hosting, storage, content delivery, crash reporting, and technical support. Where these parties process personal data on our behalf, we implement appropriate contractual and organizational measures.
16. App Store Terms
Your use of the App may additionally be subject to the terms of the platform from which you download the App, such as Apple App Store or Google Play. These Terms apply in addition, to the extent they do not conflict with mandatory law.
17. Statutory Consumer Rights
The mandatory consumer rights apply to the App and digital Service to the extent applicable under applicable law.
These Terms do not create broader withdrawal rights or other consumer rights than legally required. Separate legal and contractual rules may apply to physical products.
18. Conformity of Digital Services
As a consumer in the European Union, you have legal rights regarding the conformity of digital content and digital services.
To the extent the Service is delivered on a continuous basis, Memorians is responsible for conformity during the delivery period, as far as applicable law requires.
19. Liability
Nothing in these Terms limits or excludes rights you have as a consumer under mandatory law.
Memorians does not exclude liability for damage resulting from intent or willful recklessness by Memorians, or for other liability that may not be legally excluded.
To the extent legally permitted, Memorians is not liable for indirect damage, consequential damage, lost profits, loss of opportunities, or loss of goodwill arising from the use of the Service.
Memorians does not guarantee that the Service will be uninterrupted, error-free, or always available, but will make reasonable efforts to ensure the Service operates carefully and reliably.
20. Indemnification
You indemnify Memorians against reasonable third-party claims to the extent they directly result from Content you added that is unlawful or violates third-party rights.
21. Changes to the Service
Memorians may modify the Service to fix bugs, improve security, optimize performance, add new features, or comply with legal obligations.
Changes will, where relevant, be implemented in a reasonable manner and may not unfairly undermine the core of the agreed digital Service, unless there is a valid reason and applicable law permits this.
22. Suspension and Restriction of Access
Because the Service works without traditional accounts, Memorians may take measures tailored to the specific situation in case of breach of these Terms or reasonable security, integrity, or authority issues.
These may include:
- restricting upload functionality
- temporarily blocking or removing shared pages or links
- freezing access to specific memorial content
- suspending requests for modification or transfer
- taking other reasonable measures to limit abuse, ambiguity, or harm
23. Complaints and Support
For complaints, support requests, and general questions, you can contact us at ln.snairomem@ofni.
For privacy-related requests, use ln.snairomem@ycavirp.
We aim to respond within five business days. Correspondence can take place in Dutch or English.
24. Content Moderation and Reports
To report illegal, infringing, or otherwise inappropriate content, you can contact us at ln.snairomem@ofni, mentioning the memorial reference and the reason for your report.
Memorians can review reports and, where appropriate, take measures such as restricting visibility, removal, stopping publication, or suspending access to specific content or features.
25. Applicable Law and Disputes
These Terms are governed by Dutch law.
Disputes will be submitted to the competent court in the Netherlands, without prejudice to your right as a consumer to initiate proceedings with the competent court of your place of residence within the European Union, to the extent mandatory law permits.
26. Force Majeure
Memorians is not liable for failure to perform obligations to the extent this results from circumstances beyond its reasonable control.
27. Severability
If a provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
28. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Memorians regarding the App and digital Service.
29. Changes to these Terms
Memorians may modify these Terms from time to time. In case of material changes, we will inform you appropriately, for example via the App or our website.
30. Contact Information
Memorians B.V.
Molenstraat 125-B
5701KB Helmond
The Netherlands
Chamber of Commerce: 97458910
General support: ln.snairomem@ofni
Privacy requests: ln.snairomem@ycavirp
Website: https://james-dev.memorians.nl
